Arkansas executive orders are written directives the Governor signs to run the state’s executive branch, and their power depends entirely on the situation. In ordinary times, an order can reorganize agencies, create task forces, and set policy for state employees, but it cannot make new law, levy a tax, or spend money the General Assembly has not appropriated. During a declared disaster emergency, the same tool unlocks a far wider set of powers, which is why the law also builds in hard time limits and gives the legislature a way to shut an emergency down.
What the Governor Can Do With an Executive Order
The authority comes from Article VI, Section 2 of the Arkansas Constitution, which vests the “supreme executive power” of the state in the Governor.1Justia. Arkansas Constitution Article 6 Section 2 – Governor – Supreme Executive Power Article VI, Section 7 adds the duty to “see that the laws are faithfully executed” and the power to demand written reports from any executive officer.
In practice, that means a Governor can use an executive order to:
- Restructure departments and transfer functions within the executive branch.
- Create or dissolve advisory committees and task forces.
- Direct agencies to review, prioritize, or interpret their own regulations.
- Set workplace policies for state employees.
- Push agencies toward a specific administrative goal, such as the directive to speed up permitting for economic development projects.2Arkansas Governor. Executive Order 26-04
None of this requires the legislature’s advance approval, because the Governor is directing machinery that already answers to the office.
What an Executive Order Cannot Do
An executive order cannot create new law, impose a tax, or spend money the General Assembly has not appropriated. Every order must conform to the Arkansas Constitution and existing statutes, and an order that contradicts a law passed by the legislature is invalid on its face.
The line can blur in practice. An order telling agencies to interpret or enforce an existing law in a particular way may feel like new policy, even though it operates within the Governor’s enforcement discretion. When someone believes an order has crossed the line, the order can be challenged in Arkansas state court. Judges look at whether the order fits within the Governor’s constitutional and statutory powers and whether it conflicts with any statute.
Emergency Executive Orders Are Different
The Arkansas Emergency Services Act of 1973 lets the Governor declare a state of disaster emergency by executive order whenever a disaster has occurred or is imminent.3Justia. Arkansas Code 12-75-107 – Declaration of Disaster Emergencies When time matters, the Governor can declare verbally first and put it in writing afterward.
Once declared, Arkansas Code 12-75-114 gives the Governor powers that would be off-limits otherwise:4Justia. Arkansas Code 12-75-114 – Governor – Disaster Emergency Responsibilities
- Suspend regulatory statutes or agency rules whose strict enforcement would hinder the response.
- Pull personnel, equipment, and funding from any state agency or political subdivision and redirect them to disaster response.
- Transfer functions and staff between agencies to meet emergency needs.
- Commandeer private property if necessary, with compensation owed to the owner.
- Compel people to evacuate a disaster area and dictate routes, transportation methods, and destinations.
- Control access into, out of, and within a disaster zone.
During a declared emergency, executive orders and proclamations carry the force and effect of law, and the Governor serves as Commander-in-Chief of all forces available for emergency duty. This is the closest an executive order comes to functioning like legislation, which is exactly why the statute pairs those powers with firm limits.
How Long an Emergency Order Lasts and How the Legislature Can End It
A standard disaster emergency expires after 60 days unless the Governor renews it.3Justia. Arkansas Code 12-75-107 – Declaration of Disaster Emergencies For a statewide public health emergency, renewal is harder: the Governor must submit a written request to the Legislative Council at least ten days before expiration, explain why the emergency needs to continue, and specify how many additional days are needed (no more than another 60). The Legislative Council can block the renewal by a majority vote of a quorum.
The General Assembly also holds a trump card. It can terminate any state of disaster emergency at any time by passing a concurrent resolution.3Justia. Arkansas Code 12-75-107 – Declaration of Disaster Emergencies If the Governor vetoes that resolution, the legislature can override. Both chambers can also convene at any time specifically to consider ending a declaration. These provisions were strengthened by Act 403 of 2021, passed after the extended COVID-19 emergency, and they are one of the sharpest practical checks on executive order power in Arkansas.
The Governor can also end an emergency voluntarily by executive order once the threat has passed.
How Any Executive Order Ends
Outside the 60-day emergency clock, executive orders do not expire on their own. An order stays in effect until the Governor rescinds it, a court strikes it down, or the legislature passes a law that overrides it.
The most common ending is successor action. A new Governor can revoke or replace a predecessor’s orders at will. On her first day in office, Governor Sanders signed an executive order terminating five COVID-19-related orders she considered obsolete.5Arkansas Governor. Sanders Statement on Executive Order to Repeal COVID-19 Executive Orders That reversibility is why executive orders are considered less durable than statutes; a Governor who wants a policy to last beyond the next election usually needs the General Assembly to codify it.
Where to Read Arkansas Executive Orders
The Governor’s official website publishes the full text of each order with the signature and date of issuance.2Arkansas Governor. Executive Order 26-04 The Secretary of State’s office maintains the official filing record. Between the two, you can verify the text and current status of any order.