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Disputed Hamtramck Mayoral Election: Court Rules on Untabulated Ballots

12/25/2025, 8:16:13 PM

Court Ruling on Untabulated Votes

In a closely contested mayoral election in Hamtramck, Michigan, Wayne County Circuit Court Judge Patricia Fresard ruled against counting 37 untabulated ballots that could potentially alter the outcome of the race. The decision, made on December 23, 2025, upheld Adam Alharbi’s victory over Muhith Mahmood by a margin of 11 votes. The ballots were discovered by Hamtramck City Clerk Rana Faraj the day after the November 4 election, but concerns about the integrity of these ballots arose due to a break in the chain of custody.

Background of the Election Dispute

The controversy began when the 37 absentee ballots were left uncounted due to human error. Following the election, Faraj reported the mishandled ballots to the Wayne County Board of Canvassers, which ultimately deadlocked on whether to include them in the final tally. This deadlock meant the ballots were not counted, leading to Alharbi being certified as the winner. A recount later confirmed Alharbi's victory by 11 votes, prompting Mahmood to file a lawsuit seeking to have the ballots counted, arguing that failing to do so disenfranchised voters.

Legal Arguments and Perspectives

Mahmood's attorney, Mark Brewer, contends that the decision to leave the ballots uncounted violates the constitutional rights of the voters and undermines the integrity of the electoral process. Brewer stated, “To not count the votes would be to violate a number of election-related constitutional protections.” He has proposed remedies, including allowing the affected voters to confirm their ballots or cast new ones.

Conversely, Alharbi's attorney, Nabih Ayad, argues that counting the ballots would set a dangerous precedent and could undermine public trust in the electoral system. Ayad emphasized that the law does not support counting ballots that have not been properly secured, stating, “Counting them now would undermine people's faith in the democratic voting system.”

Implications for Voter Rights

The ruling has broader implications for voter rights in Michigan. Brewer highlighted that the case is significant beyond the 37 ballots, as it raises concerns about how mistakes by election officials can disenfranchise voters. He stated, “This will have repercussions for every voter in the state who could get disenfranchised by mistake and not be able to vote.”

What's Next?

As Mahmood appeals the ruling, the timeline is critical, with the swearing-in of Hamtramck's new mayor scheduled for January 1, 2026. The urgency of the appeal is underscored by the potential impact of the 37 votes on the election outcome. The city of Hamtramck has expressed its support for the court's decision, with its attorney stating, “We respect the court's thorough review of this matter and its decision.”

Verbatim Quotes

  • “Mark Brewer, representing Mahmood as well as the 37 disenfranchised voters, said that to not count the votes would be to violate a number of election-related constitutional protections.” — Mark Brewer, Attorney for Muhith Mahmood
  • “This will have repercussions for every voter in the state who could get disenfranchised by mistake and not be able to vote.” — Mark Brewer, Attorney for Muhith Mahmood
  • “But the fact of the matter is that the democratic process and the integrity of the voting process itself is intact," Ayad said.” — Nabih Ayad, Attorney for Adam Alharbi

The outcome of the appeal will determine whether the 37 ballots will be counted and could ultimately reshape the political landscape in Hamtramck.