Wayne County judge dismisses residency challenge, orders certification of Hamtramck mayoral election

HAMTRAMCK — Following a bitter, months-long legal feud that dragged through state courts and paralyzed local governance, Wayne County Circuit Court Judge Kathleen M. McCarthy issued a decisive opinion Friday granting summary disposition in favor of Mayor-elect Muhith Mahmood, ending a high-stakes challenge brought by opponent Adam Alharbi.

The ruling formally closes a contentious saga surrounding the November 2025 Hamtramck mayoral race and clears the path for the Wayne County Board of Canvassers to officially certify the ballot results.

A bitter contest and 37 uncounted ballots

The dispute traces back to the initial tallies of the November 2025 election, where Alharbi was initially declared the victor by a razor-thin margin. However, the contest was immediately thrown into turmoil when the Hamtramck city clerk revealed that 37 uncounted absentee ballots remained in limbo.

Mahmood initiated separate appellate proceedings to force the recount of those missing votes. After nearly a year of judicial delays, the ballots were finally processed Oct. 16, reversing the original outcome and putting Mahmood ahead.

Anticipating Mahmood’s election contest, Alharbi had filed a preemptive suit shortly after the 2025 election, alleging that Mahmood was ineligible to hold office. Alharbi claimed Mahmood had fraudulently executed his affidavit of candidacy by claiming residency in Hamtramck when, according to Alharbi, he actually lived with his family in Troy, Michigan.

Procedural flaws, evidentiary pitfalls

In her 14-page opinion, McCarthy systematically dismantled the suit on both procedural and substantive grounds.

First, the court ruled that Alharbi failed to follow proper protocol for an action in quo warranto — a legal proceeding used to challenge a person’s right to hold public office. Under Michigan Court Rule 3.306, such actions involving public corporations like the city of Hamtramck must be initiated by the attorney general, or pursued privately only after the attorney general formally refuses to act.

“At the time this action was filed, Mahmood was neither an elected official nor the mayor-elect. … Alharbi’s action in quo warranto warrants dismissal on that procedural basis alone,” McCarthy wrote, adding that Alharbi had improperly bypassed the state’s top law enforcement office.

Despite the procedural defects, the court chose to hold a comprehensive evidentiary hearing Oct. 22 to bring long-sought finality to the voters of Hamtramck.

Witnesses called by Alharbi included neighbors from Troy, Michigan State Police detectives and a private investigator formerly employed by the Hamtramck Police Department. However, McCarthy noted that the evidence presented was “scant, at best” and relied heavily on subjective assumptions — such as water usage metrics, home furnishings and cell tower “sleep hours.”

During the hearing, Mahmood testified that while his wife and children reside in Troy, he moved to Hamtramck in 2019 upon his election to the city council, maintaining a residence there where he sleeps four to five nights a week around his work schedule at MGM Grand Detroit. Neighboring residents in Hamtramck corroborated Mahmood’s testimony, providing detailed descriptions of his home and frequent presence in the community.

“If Mahmood were eating all of his meals out and sleeping on a couch in Hamtramck 4 days a week, with two sets of clothes, he would nevertheless meet the residency requirements to hold office,” McCarthy noted, ruling that Mahmood had clearly met the legal standard for residency.

‘Peace is difficult to obtain with clenched fists’

The court’s opinion closed with a stern rebuke of the political acrimony that has gripped the 2.2-square-mile municipality over the past 18 months.

Reflecting on the intensity of the litigation over an office that pays just $6,500 per year, McCarthy invoked a quote attributed to former Indian Prime Minister Indira Gandhi: “Peace is difficult to obtain with clenched fists.”

“Given the out-sized allegations of corruption and misconduct surrounding the election and extensive investigations and litigation related to it, one would never guess that the mayoral position pays $6,500 per year, and the City of Hamtramck is 2.2 miles in length,” wrote McCarthy. “For the sake of its residents, the fighting needs to stop so that Hamtramck can heal and move forward.”

With the dismissal of all counts and the court’s order directing the Wayne County Board of Elections to certify the ballots, Mahmood is set to be officially seated as mayor of Hamtramck.