A Wayne County judge has dismissed a lawsuit challenging the residency of Hamtramck mayoral candidate and City Councilman Muhith Mahmood.
The lawsuit was filed by Mayor-elect Adam Alharbi and alleged that Mahmood was not a resident of Hamtramck, a requirement for holding city office. The complaint relied on an investigative report presented at a Hamtramck City Council meeting in April, which claimed Mahmood primarily lived in Troy.
Chief Judge Patricia Perez Fresard ruled Monday that the investigative report was insufficient to support the residency challenge. In her decision, she described the report as “extremely vague” and said it failed to adequately detail the surveillance used to reach its conclusions.
“The report includes hearsay statements of a purported neighbor in Troy, but no affidavits were provided with the report,” Fresard wrote.
The judge cited Michigan election law, which defines a person’s residence as the place where they habitually sleep, keep personal belongings, and maintain a regular place of lodging. The law provides that a person’s residence is the location where they spend the majority of their time.
Mahmood has previously acknowledged owning a second home but has said he primarily resides in Hamtramck. In April, the Hamtramck City Council voted against removing him from office following presentation of the investigative findings.
The ruling comes as Mahmood continues to pursue legal efforts related to 37 absentee ballots that were not counted in the mayoral election. An emergency appeal was filed Monday in the Michigan Supreme Court, according to his attorney, Mark Brewer.
The Wayne County Board of Canvassers declined to include the ballots after Hamtramck City Clerk Rana Faraj reported a break in the chain of custody. Judge Fresard previously ruled against counting the ballots.
Unofficial election results showed Mahmood trailing Alharbi by 11 votes. Certified results narrowed that margin to six votes, though a recount later reaffirmed Alharbi’s victory by 11 votes. Inclusion of the disputed ballots could potentially alter the outcome.
Alharbi is scheduled to be sworn in as mayor on Thursday, Jan. 1, 2026. He said Monday that he supports the lower court’s decision not to count the contested ballots.
