Court Ruling on Disputed Ballots
On Tuesday, a judge determined that 37 uncounted ballots from Hamtramck's municipal election should remain excluded, solidifying Adam Alharbi's contentious win in the mayoral contest.
Legal Proceedings and Arguments
Judge Patricia Perez Fresard of Michigan's Third Judicial Circuit stated in her written decision that the Wayne County Board of Canvassers "exercised its discretion" when choosing not to include these ballots. This came after the city clerk "failed to comply with mandatory requirements imposed to protect the integrity of ballots."
During Tuesday's hearing, which lasted just over 20 minutes, attorneys presented opposing views. Mark Brewer, representing opponent Muhith Mahmood and the 37 affected voters, argued that excluding the votes would violate constitutional protections. "Plaintiffs have no other remedy, other than to have their votes counted, as is their right," he told the court.
In contrast, Nabih Ayad, representing Alharbi, contended there was "absolutely no viable path" to count the ballots and that doing so would disenfranchise other voters.
Background of the Dispute
The controversy began when 37 absentee ballots were accidentally left in their envelopes and uncounted on election night. Election officials discovered them days later, but unauthorized city officials had accessed the office where they were stored, breaking the chain of custody.
This led the Wayne County Board of Canvassers to deadlock on whether to include them in the final tally. Without these ballots, Alharbi was initially certified as the winner by six votes, though a recount later showed his margin was 11 votes.
Judge's Reasoning and Aftermath
"The arguments of both counsel are that the court should protect voter rights," Fresard remarked at the hearing's conclusion. "In some circumstances, it's very difficult to protect the rights of every single individual voter."
In her decision, Fresard noted that Michigan law "does not support ... that the City had a clear legal duty to tabulate the 37 votes." She emphasized that while state law requires absentee votes to be tabulated according to regulations, the board retains discretion to exclude ballots with questionable handling.
Brewer confirmed Tuesday evening that an appeal had already been filed with the Michigan Court of Appeals, with plans to proceed to the Michigan Supreme Court if necessary.
Broader Election Issues in Hamtramck
This incident adds to Hamtramck's election-related challenges in 2025. City Clerk Rana Faraj was placed on leave shortly after the election, partly due to the mishandling of these 37 ballots. Faraj has since sued the city, alleging retaliation for reporting election fraud.
Additionally, two City Council members were charged in August with forging signatures on absentee ballots during the 2023 council race, with four others named in an April document from Attorney General Dana Nessel seeking a special prosecutor.
