The Hamilton County Election Commission on Tuesday night voted 4-1 to ask the local district attorney’s office to look into allegations that former Councilwoman Marti Rutherford cast illegal votes in past elections.

“I think we have an obligation to ask the (district attorney) to investigate it,” said Election Commissioner Mike Walden, a Republican appointee who voted for the measure. “That’s his responsibility; that’s not ours.”

The Service Employees International Union Local 205 had asked that the Election Commission look into the voting allegations against Ms. Rutherford and pass the case along to the district attorney’s office.

District Attorney Bill Cox said Tuesday night that his office will investigate the union complaint, but he did not give a timeline for action.

“Like any other case, this office will investigate and review the complaint and take whatever action we believe to be appropriate under the facts and the law,” Mr. Cox said.

Ms. Rutherford gave up her seat in October 2007 after City Attorney Randy Nelson filed an ouster lawsuit charging she did not live in District 6 “at any time relevant to her election.”

Ms. Rutherford resigned before the lawsuit was tried.

Jerry Summers, the attorney for the Election Commission, said Tuesday night that he will refer information on the voting matter regarding Ms. Rutherford to Mr. Cox.

“(I will) ask (him) just to look into it and exercise his discretion whether there is or is not any further proceedings that need to be taken,” Mr. Summers said.

He has said it appears that the statute of limitations would not exclude from prosecution votes Ms. Rutherford cast in the August and November 2006 elections using an Alta Vista Drive address.

SEIU President Doug Collier alleged in a letter to Election Commission Administrator Bud Knowles in January that the former councilwoman “unlawfully voted in an improper precinct on many occasions.”

Ms. Rutherford’s attorney, John Anderson, said after the meeting that Ms. Rutherford has “acted in good faith without an intent to deceive.”

“I’ve said that before; we stand by that statement,” he said.

Republican Commissioner Bart Quinn and Democratic Commissioners Joe Rowe and Dot Eddington also voted to ask the Rutherford matter be referred to the district attorney’s office.

Democratic Commissioner Sharlotte Polk said after the meeting that she voted against the motion because she “didn’t feel like it was the commission’s responsibility” to ask the district attorney to look at the charges.

Side Orders