Frequently Asked Questions
Attorney
State and federal law provides the accused with the right to legal representation; however, the decision whether or not to exercise that right lies entirely with the accused. The County Attorney cannot advise an accused on such a matter.
A County Attorney represents the County itself, not its individual citizens. If a County Attorney's position is classified as "part-time" he or she may have a private practice in which they represent private groups and individuals; however, that is not in their capacity as a county attorney. A full-time county attorney (as we have in Hancock County) has no private clients.
Orders restricting a person's ability to associate freely are limited. There are two types of orders that will keep a person from having contact with another person. It is not possible to get such an Order unless the very limited circumstances listed below are met.
- No Contact Order (NCO) is an Order issued in a criminal case for domestic abuse, harassment, stalking, sexual abuse OR any other crime that has a "victim" (person who has suffered physical, emotional or financial harm as a result of a crime committed in lowa). Only a judge can issue a NCO, and only in connection with a criminal offense after the judge determines (1) there is probable cause to believe a public offense has occurred, and (2) the presence of or contact with defendant poses "a threat to the safety of the alleged victim," the victim's household members or family. It is unlikely that a NCO will be issued for burglary, theft, or property crime. Neither law enforcement nor I can issue a NCO, but we are permitted to let the judge know our opinion about whether issuance is appropriate. Protective
- Order (PO) is a civil order entered under chapter 236, a juvenile order under chapter 232 or as part of custody/divorce under chapter 598. Law enforcement and I are not involved in the issuance of a PO. Unless it is a request under chapter 236, the victim should contact an attorney or file paperwork with the Clerk of Court. The victim may request a PO under chapter 236 if the victim and perpetrator of the assault are married to or divorced from one another, have a child together or reside together now or within one year prior to the assault. The forms are available from any Clerk of Court, but it is best to file them in the County you live in. Once you fill out the forms, a judge will decide whether a temporary order should be issued, and either way will set a hearing where you will need to come in and present evidence to the Court about why you feel a PO is necessary. The perpetrator will need to attend the hearing as well, but there will be security present.
All parties to the order are bound by it. A protected party who violates a NCO or PO may be prosecuted as well. Violating a NCO or PO is a crime and also a contempt matter. If a violation occurs you should contact your local law enforcement agency, or 911 if it is an emergency. The State (law enforcement or 1) determine which violation will be pursued. Generally, a violation requires mandatory arrest.
Law enforcement agencies and the Office of the County Attorney have specific statutory duties. Primarily this is the investigation and prosecution of criminal matters. For instance, if your lawn mower is stolen, the police can investigate that as a criminal matter. However, if the lawn mower is repossessed, the matter is civil in nature and you will have to pursue the return of the lawn mower through other legal avenues, such as retaining a private attorney or initiating a small claims action. The law enforcement agency or this office will not be able to assist you.
A criminal case is picked up by the State of lowa. Therefore, just because you may want to drop the charges, it does not automatically happen. You will need to contact the County Attorney's Office to schedule an appointment to discuss potential outcomes of the case.
Please see the Process of a Criminal Case section of the Attorney page.
No, the ethical rules of professional responsibility each attorney in lowa must follow prohibits an attorney from speaking with a represented party. Please contact your privately retained or appointed attorney to discuss your case.
3rd floor of the Courthouse with the Clerk of Court or online at lowa Courts.
Please contact the Clerk of Court on the 3rd floor of the Courthouse.
Please see the Mental illness and Substance Abuse Committals section.
Please see the Subpoenas section.
A subpoena is a court order requiring a person or business to either appear at a specific time and place or to provide certain documentation.
Because it is a court order it is important to comply with the subpoena. If you have any questions regarding a subpoena you should contact the attorney who issued the subpoena. If you will have difficulty appearing at the time demanded you should contact the attorney to determine whether other arrangements can be made.
If you have received a subpoena from the Hancock County Attorney's Office and have questions regarding the subpoena, contact us at (641) 923-4198.
Hancock remains committed to providing employment opportunities to citizens, regardless of gender, race, ethnicity or any other discriminatory reasons.
Further, as part of the Safe Streets legislation, all federal funded grants meeting specific criteria must have on file an Equal Employment Opportunity (EEO) Plan. The County Attorney's office receives a VOCA grant through the State of Iowa for the partial payment of staff to assist Victims of crimes. A copy of the Hancock County's EEO plan is available for viewing at the Hancock County Attorney's Office.
Auditor
Absentee
No. In Iowa you can only request an absentee ballot for yourself.
Yes. You may request an absentee ballot via email or fax and a ballot will be mailed to you. However, in order for your ballot to be counted you must also mail in or drop off the original paper ballot request.
No. Under Iowa law, power of attorney does not apply for all election related matters.
The only people who may return a ballot for a voter are:
- someone living in the voter’s household
- an immediate family member
- a special precinct election official delivering a ballot for health care residents
- a delivery agent, in the case of a voter unable to return a ballot due to blindness or other disability
Yes! Your absentee ballot cannot be counted unless you have signed the affidavit envelope that you return your ballot in. If we receive a ballot back that has not been signed we will attempt to contact you to get this fixed. Once contacted, you may decide to either:
- Request a replacement ballot and return it by 8:00 p.m. on election day
- Vote at the polls on election day
- Sign the affidavit in person at the county auditor’s office by 8:00 p.m. on election day
Yes. There is a myth that absentee ballots only get counted if the election is close, however, this is not true. Under Iowa law, every ballot must be counted.
You are allowed to hand deliver your ballot to the Auditor’s office up until the time the polls close on Election Day. If you return your ballot through the mail, your ballot must arrive by 8:00 p.m. on Election Day, with exceptions for individuals in the Safe at Home program and military/overseas citizens. Learn more on our Absentee Voting page.
Election Day
Yes. If you need assistance filling out your ballot ask a poll worker for help. A team of one republican and one democrat will come over and help you mark your ballot. Also available in each polling location is a ballot marking device that will read you all of the choices and then print out your marked ballot.
Yes. Iowa law allows for Election Day registration if you are able to provide proof of identification (i.e. valid photo ID) and proof of residency (i.e. utility bill with your name on it if your ID has an outdated address on it). If you are unable to provide one or both of these you are allowed to bring someone with you to attest that you have the right to vote.
Yes. If you have not returned your absentee ballot you may go to your polling place on Election Day and vote a regular ballot.
Beginning January 1, 2019, Iowa voters will be required to show a driver’s license, non-driver’s ID, passport, military ID, veterans ID, Tribal ID or Voter ID Card at the polls before they vote. Voters, starting in 2019, without an ID may cast a provisional ballot or have another registered voter attest to their identity.
Yes. While it is recommended that you update your information prior to Election Day to speed things up at the polls, you may wait and do so on Election Day. If you are updating your address just make sure you are going to the polling place for your new address. When updating your address you will now need to provide proof of identity and proof of residency.
Yes. If you are unable to go inside the polling place a team of election workers will be sent out to your car to help you vote.
Yes. When you go to vote, a poll worker will verify with the auditor’s office that your absentee ballot has not been returned. If it is confirmed that the auditor’s office has not received a ballot from you then you will be given a new ballot to vote there.
Starting in January of 2019 you will be required to show identification. If you need to register to vote on Election Day, you must bring proof of identification and proof of residency.
Starting in 2019, if you do not have your ID with you, you may either cast a provisional ballot or have another registered voter attest to your identity. Learn more about provisional ballots and attesting on our Voter ID page.
So long as you are in line to vote at the time the polls close you will be allowed to vote.
If a voter’s eligibility is in question on Election Day they are allowed to cast a provisional ballot. After the voter marks their ballot and returns it to the poll worker, the voter is required to provide the necessary identification or documentation at the polling place before it closes or provide it at the Auditor’s Office by noon on the following Monday. If the canvass will be held earlier than the following Monday, the identification must be provided before the canvass.
If it is determined that you do have the right to vote in the precinct in which you voted, your ballot will then be counted and included in the final vote total.
General Information
Yes. If you make a mistake on an absentee ballot mark your return envelope “Spoiled” and return it to the Auditor’s office either by mail or in person. If you return it by mail contact the Auditor’s office to be sent a new one.
On Election Day if you make a mistake on your ballot, return it to the poll worker to receive a new one. You are allowed up to three ballots so don’t make too many mistakes!
Yes. For each race on the ballot, a line is provided for you to write-in the name of someone for whom you wish to vote for. Make sure you color in the oval!
Yes and No. In Iowa, you must be a member of a political party (currently: Republican and Democratic) to vote in a primary election. However, anyone* can change parties on Election Day and vote. For independents to vote they must declare a political party.
*Precinct election officials may not change political parties within 30 days of an election.
No. You can vote for as much or as little as you would like; it’s all up to you!
No. If you have already returned your absentee ballot to the Auditor’s office you may not request a new ballot if you have changed your mind on who you wish to vote for.
It depends on the election. In primary elections, you can only vote for candidates from the party to which you belong. In general elections, you are free to vote for anyone you like, regardless of their party affiliation.
Registered voters who do not have an Iowa driver’s license or non-operator’s ID were issued a voter ID card. Voter ID cards must be signed before going to the polls. The new voter ID card will contain a PIN number that will be used for voting purposes. If you should have a voter ID card and do not, please contact our office to have one sent to you.
Starting in 2019, voters must provide an ID when going to vote. Voters who do not have ID will be allowed to either cast a provisional ballot or have another registered voter attest to their identification. Learn more about provisional ballots and attesting on our Voter ID page.
There are 6 approved types of identification that may be used:
- an Iowa Driver’s License or Non-Operator ID
- a Voter ID issued by the Secretary of State or the Auditor’s Office
- a current US Passport
- a US Military ID
- a US Veteran’s ID
- a Tribal ID
Where you vote is determined by where you live and you must vote in the precinct to which you are assigned for your ballot to be counted. To find your polling place please visit the Polling Places page on our website.
Registration
No. All updates to voter registration must be made in writing or online through the Iowa DOT if you have an Iowa driver’s license.
Yes. Any eligible voter in Iowa may register to vote. Because many of those who are homeless have a nontraditional address they just need to provide an address or description of where they sleep the most, wherever that may be.
Those with a prior felony conviction are only permitted to vote if their voting rights have been restored by the Governor, including through Executive Order. For more information about restoration of rights, contact the Governor’s office or visit the voter registration page on our website.
No. You would only need to re-register if your information has changed and you need to update it.
If you have moved recently and need to update your address for voting, all you have to do is fill out a new voter registration form and submit it to the Auditor’s office. If you do not update your address after a move through a new voter registration form and do not vote in the next general election, you will be marked inactive (inactive voters may still vote with proper ID). Registration will be canceled if two more general elections pass with no voter activity.
If you notice a mistake on your voter card please contact the Auditor’s Office and/or submit a new registration form to correct your information.
Iowa does not recognize an “independent” party. Instead, “No Party” is used to indicate a lack of affiliation with a political party.
Communications/911
Hancock County is equipped to handle enhanced 9-1-1 calls from the public. What this means is that when a caller dials 9-1-1 from a WIRELINE telephone, the local communications center receives the call along with the location and the phone number of the caller.
It is of utmost importance that when making a 9-1-1 call that you stay on the line with the operator as long as it is safe to do so or until instructed to hang up. This can assist the call taker in determining the exact location of the emergency and the nature of the emergency. The operator will ask various questions to aid the responding agencies prior to their arrival. Do your best to give accurate information.
While 9-1-1 may be a convenient way to contact your local communications center, it is important to remember that this number is for emergencies only. A good rule of thumb is to ask yourself if you need to help of the police, the fire department or an ambulance. If you, as the caller, think it is an emergency please never hesitate to use 9-1-1. If a person uses 9-1-1 to harass operators or "prank" call the 9-1-1 center they can be charged criminally under Iowa Code. If there is a non-emergency situation that needs to be reported, please use the administrative line (either 1-800-662-2345 or locally at 923-2621).
Occasionally a person accidentally dials 9-1-1 or gets misrouted to the 9-1-1 numbers. If this happens, we ask that you only stay on the line and explain the mistake to the operator. This assists us so that we do not have to make a call back to your number or send an officer to your location to determine that everything is okay. Parents with younger children need to stress the importance of only dialing 9-1-1 for emergencies. We often get children calling and hanging up. When we call back, the parents are usually a bit surprised and sometimes even angry. When this happens, it is always a good idea to go over with your child when and when not to use 9-1-1.
The easy answer is yes, it does. However, we do not have the capability as of yet to get your exact location. This makes it especially important to stay on the line with the call taker and relay your location. The State of Iowa and most of the counties within the state are currently implementing a system where your location can be determined. It is best to aire on the side of caution and assume that the operator needs your location. So make every effort to know where you are at if calling 9-1-1 from a cellular telephone.
REMOVE THE BATTERY to prevent your child from accidentally dialing 911.
Conservation
Camping
Yes. Crystal Lake Park has 29 electric sites reservable and Eldred Sherwood Park has 24 full service sites reservable. All reservations are done on My County Parks website.
Yes, you can use a Reservable Campsite when it hasn't been reserved. Please do not pay for more than one night at a time and check the site marker daily to make sure the site doesn't become reserved while you are occupying it. You will be required to move when the site becomes reserved.
Yes, all walk-in camping must have physical Unit (camper, RV, tent, car, trailer) on the site in addition to the camping registration tag and paid fees. This is consistent with all Iowa State Parks and most all County Conservation Board Parks. A site that is only tagged and paid for with no unit will not be considered occupied and the tag will be removed.
Reserving a Facility
All Cabin and Shelter reservations are done through the My County Parks website.
- Click on the “Login” icon link at the top right corner of the Hancock County home page then at the Login page, click the "Create Account" box. In the lower right corner of page, the Account Registration page will open; or,
- Step 1A: Click on the "Make Reservation" tab at the top of the Hancock County home page. Next, a drop down box will open, click on "Register Now" in the bottom right corner of the drop down box. The Account Registration page will open; either, step 1 or step 1A, may be used to access the Account Registration page.
- Enter a username (no restrictions).
- Enter a password. Password must be between 4-8 characters and contain at least one upper case alpha letter, one lowercase alpha letter, one number and no special characters - $,%,#, etc.
- Enter the personal information required. Required information has a red * asterisk next to it.
- Enter billing information.
- Select the county in which you are interested (Hancock)
- Check/uncheck the box to receive e-updates.
- Click create account.
- You can checkout as a guest or first create a personal user account. Click this link: "Register Now!", to go to the Account Registration page; if, you have already created an account, click the “Login” icon at top right corner of page and enter your account information, return to the Hancock County Conservation home page on mycountyparks.com.
- On the Hancock County home page, click on the “Parks” tab and then click on name of the park in which the facility you wish to reserve is located.
- At the park home page, click on the “Facilities” tab.
- A list of reservable facilities will appear, scroll the list, click on the name of the facility you are interested in reserving.
- Information and descriptions of the facility will be on the page, Click on “Check Availability” or “Book Now” , to the right of the facility image, to access a calendar that will identify the facility dates already reserved and the dates that are available for reservations.
- After you select “Book Now”, the facility calendar will open; on the facility calendar, click the date of check-in/arrival, then click the last night you plan to stay at the facility on the calendar, the departure/check-out date will be recorded by default on the following calendar day. The minimum number of nights required for a facility reservation will be displayed above the calendar; in addition, green shaded areas on the calendar represent dates that must be reserved together, due to special reservation restrictions.
- Click on “Add to Cart” box at the upper right corner of page.
- The View My Cart page will open, verify the facility, arrival/departure dates, total fee and number of nights are correct, click on "Checkout" box; or, if you wish to add additional facilities to the cart, click on "Continue Shopping", the Facility page will open.
- The View My Cart page will open, verify the facility, arrival/departure dates, total fee and number of nights are correct, click on "Checkout" box; or, if you wish to add additional facilities to the cart, click on "Continue Shopping", the Facility page will open.
- Repeat step 4 through step 8 to add facilities to your cart. Once all desired facilities are in the cart, click on "Checkout" box, the Facility Checkout page will open.
- At the Facility Checkout page, enter the number of occupants and fill out all the required information marked with a Red* asterisk for each facility in the cart. Read the Rental Agreement, Cancellation Policy and Refund Policy for the facility so you clearly understand Hancock County Conservation policies. You must click on each agreement conditions box for each facility in your cart before the reservations will be finalized. Click "Next Step" box to continue checking out. The Payment page will open.
- Complete the Billing Information requested, (first name, last name, etc.), all fields marked with a Red* asterisk must be completed.
- Complete the Payment Information, all fields marked with a Red* asterisk must be completed, check the Cart Information on right side of page to verify the facility and dates are correct. Click “Submit Purchase” box. Only accepting Mastercard, Visa, and Discover.
- Order Receipt will appear as your next screen, print for your records and bring with you the day of your reservation, an email with an Order Receipt will also be sent to the email address listed in the personal account profile.
Recorder
Passport Agents in our local area:
- Winnebago County Recorder: 641-585-2094
- Kossuth County Recorder: 515-295-5660
- Cerro Gordo County Treasurer: 641-421-3033
- Mason City Post Office: 641-423-5231
Please contact the agents for hours of service.
More agents & information on the passport process can be found at travel.state.gov.
A Century Farm is officially recognized as a farm that has been continuously owned by a single family for 100 years or more. Visit the Century & Heritage Farm Program page on the Iowa Department of Agriculture & Land Stewarship website for more information.
Divorce records are court actions, so they are kept at the Clerk of Court: 641-923-2532.
Our office does not have a Notary Public.
DNR
No, boat trailers are licensed in the Hancock County Treasurer's Office.
December 15
Age 65
Yes, you will be required to have a habitat stamp until you reach the age of 65.
Marriage Licenses
Yes, the license is valid in any county in the state of Iowa. It is not valid outside of Iowa. The marriage license must be returned to the same county you applied in.
Yes. In fact, a marriage provides the opportunity to legally change your name. Because of this, it is important to complete the application correctly and in full. Do not use initials or nicknames unless you wish them to become your legal name.
There is no formal “registration” of Officiants in Iowa. You are authorized to solemnize marriage ceremonies in Iowa if you are:
- An Iowa judge, magistrate, or associate judge serving on the Iowa supreme court, court of appeals, or district court; or
- An individual ordained or designated as a leader of the person’s religious faith, regardless of the state of residence or service (595.10)
There is no fee to get married at the courthouse in front of a Magistrate Judge. Please contact the Clerk of Court to set up an appointment by calling 641-424-6431.
Once it is picked up from the Recorder’s Office, it is good until you are married. The Recorder’s Office will hold the paperwork for six months. If not picked up before the expiration of six months, it will expire and be unusable.
- Both parties need a current government-issued photo ID (driver’s license) or passport.
- $35 fee, cash or credit card only accepted (3% fee applies for credit card).
- One witness, 18 years of age or older. Witness needs a current government-issued photo ID (driver’s license) or passport. They must know both parties.
At the County Recorder's Office.
Military Records
No. We will record your military documents at no fee and provide certified copies at no fee.
Military discharge records are not available to anyone who cannot prove they are entitled to the record. Identification must be given to prove entitlement (unless the record is 62 years or older).
Real Estate Records
No, the Recorder’s Office does not record or store abstracts. Usually, the abstract is given to the property owner to keep in a safe place at the time of purchasing the property.
No. Wills are generally filed at the Clerk of Court’s office.
Hancock County Clerk of Court
855 State St. (2nd floor)
Garner, IA 50438
The Recorder’s Office cannot assist property owners in preparing documents. It is wise to contact an attorney for advice on adding or removing names to property records.
The County Assessor's Office can update the mailing address where your tax bill is mailed. Please call 641-923-2269.
This calculation is based on a $1.60 tax per thousand and the first $500 is exempt.
Hancock County Abstract Company
130 East 8th Street
Garner, Iowa 50438
United States
Phone: (641) 923-2454
Vital Records
If the death occurred between 1954 and the present you can obtain the record at any County Recorder’s Office in the State of Iowa. Prior to 1954, please contact the county office where the death occurred.
If the marriage occurred between 1954 and the present you can obtain the record at any County Recorder’s Office in the State of Iowa. Prior to 1954, please contact the county office where the marriage application was filed.
Hancock County Recorder
855 State St.
P.O. Box 70
Garner, IA 50438
641-923-2464
$15 per certified copy. Cash, checks, and credit/debit cards are accepted (fee applies to credit card transactions).
Entitlement to a record includes the person named on the record, or the person’s spouse, children, legal parents, grandparents, grandchildren, siblings, or legal representative or guardian (legal guardians and representatives must provide proof of guardianship or representation). Applicant must be 18 years old or older.
A certified copy has what most refer to as a “raised seal” and states that the copy is a true and correct reproduction of the original record. An uncertified copy or a “plain” copy has no seal or verbiage indicating authenticity. An uncertified copy also has a stamp noting “not for legal purposes.”
Zoning
Whenever you are improving your property. This includes any new construction, building additions or alterations.
If the project you are undertaking does not comply with the county's ordinance there are 2 ways of dealing with it.
- You may need to change your plans to reflect compliance with the ordinance, or
- You can apply for a variance. A variance is a relaxation in the conditions or rules of the ordinance to allow an applicant to proceed with the project. This can only be done if the Zoning Board of Adjustment approves such variance.
A permitted use means that the proposed project meets to desired purpose and intent of the particular zoning district and the owner of the property need only apply for the certificate. A conditional use must be approved by the Zoning Board of Adjustment and they can put certain conditions on the construction project as they see fit to best meet the purpose and intent of the ordinance.
The Zoning Commission is a 7 member board appointed by the Board of Supervisors that is responsible for the language and content of the zoning ordinance. They also have to approve any subdivision plats submitted before they can be legally approved by the Board of Supervisors and recorded. The Board of Adjustment is primarily the judicial part of the zoning process. They are comprised of 5 members appointed by the Board of Supervisors and are the body that translates the language of the ordinance into actual uses.
Any improvement to a property that is a part of a farming operation or an extension of an agricultural operation is exempt from zoning control. A permit is preferred but not required by county ordinance.
It depends on the type of application submitted. A permitted use application is approved by the zoning administrator upon its receipt as long as the application is properly submitted. A conditional use application or requests for a variance or district change take a bit longer. In those cases a meeting of either the Board of Adjustment or the Zoning Commission has to be scheduled. Before the meeting can be held a public notice must appear in the Garner Leader and the Britt News-Tribune. The notice must be published not less than 4 days before the meeting and not more than 20 days before the meeting. So a lot depends on the date of publication and the availability of the Board or Commission.
