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A Hamilton County grand jury decided not to indict former City Councilwoman Marti Rutherford on three counts that she allegedly voted outside her district in 2006, District Attorney Bill Cox said Friday.

“After reviewing the facts and circumstances, they no billed the case,” he said.

Mr. Cox said the grand jury met last week and heard allegations of illegal voting by Ms. Rutherford, who resigned from the Chattanooga City Council last October.

The Hamilton County Election Commission in February voted 4-1 to refer the Rutherford voting case to the county district attorney’s office. After that, Mr. Cox said, he asked the Tennessee Bureau of Investigation to look at the case and added that the TBI testified to the grand jury last Monday.

Ms. Rutherford said Friday that she did not know of the grand jury meeting on her case until contacted by the Times Free Press, but was happy to hear of its decision.

John Anderson, an attorney representing Ms. Rutherford, said Friday that his client has “acted in good faith.”

“We believe that the fact that there was no bill returned is an indication of that,” he said.

Assistant District Attorney Neal Pinkston said the grand jury considered illegal voting charges for the dates of April 26, 2006; July 26, 2006; and Oct. 31, 2006; all of which were during early voting.

Ms. Rutherford stepped down from the council after facing a city ouster lawsuit charging that she did not reside in District 6 “at any time relevant to her election.”

The Service Employees International Union Local 205 had requested that the county Election Commission submit the Rutherford case to the district attorney’s office.

SEIU President Doug Collier could not be reached for comment Friday. He charged in a letter to Hamilton County Election Commission Administrator Bud Knowles in January that Ms. Rutherford “unlawfully voted in an improper precinct on many occasions.”

Last fall, Ms. Rutherford faced allegations that she actually lived at 308 Hemphill Ave., a property she owns in District 5. But she asserted at the time that her legal residence was on Alta Vista Drive in District 6.

She said that she later moved to 408 S. Sweetbriar Ave. and said Friday that she still lives at that address. She added that she still owns the house at 308 Hemphill Ave.

Ms. Rutherford also said Friday that she wishes she had continued with a lawsuit filed with the Hamilton County Circuit Court that sought a court opinion on whether there were grounds for her ouster. She resigned her seat soon after the city’s ouster suit and her suit were filed.

Meanwhile, she maintained Friday that she always lived in District 6.

“I never have believed for one second that I did not live in the district,” she said.