A Virginia executive order is a written directive the Governor issues to manage state government, grounded in Article V, Section 7 of the Virginia Constitution. It binds state agencies and employees, and during a declared emergency it can also impose temporary rules on the public. What it cannot do is make new law, override a statute passed by the General Assembly, or last indefinitely once it rests on emergency powers.
What the Governor Can and Cannot Do
The authority traces to a single sentence in Article V, Section 7: the Governor “shall take care that the laws be faithfully executed.”1Virginia Code Commission. Constitution of Virginia – Article V, Section 7 – Executive and Administrative Powers That “take care” clause is what lets the Governor direct agencies, set enforcement priorities, and reorganize the executive branch through written orders. Section 7 also makes the Governor commander-in-chief of Virginia’s armed forces and allows the Governor to fill certain vacancies when no other process exists.2Virginia General Assembly. Constitution of Virginia
The hard limit is lawmaking. An executive order can tell agencies how to interpret and carry out existing statutes. It cannot establish a new tax, invent a criminal penalty, or override legislation the General Assembly has passed. An order that crosses that line is vulnerable to being struck down in court as a separation-of-powers violation.
Orders, Directives, and Memoranda
Virginia governors use three related tools, and the differences matter if you’re trying to figure out whether a particular document actually requires anyone to do anything.
- Executive orders are formal, binding directives that carry the force of law for state agencies. They are numbered sequentially within each administration and published in the Virginia Register of Regulations.
- Executive directives are also binding on state agencies but are typically narrower in scope. The Governor’s office maintains separate listings for the two.
- Executive memoranda are informal guidance. A memorandum might recommend a policy approach without mandating it.
Enforcement is the practical dividing line. A formal executive order legally obligates agency leadership to comply. A memorandum signals the Governor’s preference without the same compulsory weight.
Emergency Orders and the 45-Day Limit
Emergency executive orders run on a different and much more powerful track: the Commonwealth of Virginia Emergency Services and Disaster Law, codified in Chapter 3.2 of Title 44.3Virginia Code Commission. Code of Virginia – Emergency Services and Disaster Law Once the Governor declares a state of emergency, § 44-146.17 activates broad temporary powers, including authority to issue rules controlling the use, sale, and distribution of food, fuel, clothing, and other resources.4Virginia Code Commission. Virginia Code 44-146.17 – Powers and Duties of Governor
These emergency orders do not last indefinitely. The statute imposes a hard 45-day expiration. No rule, regulation, or order issued under § 44-146.17 has any effect beyond 45 days from the date it was issued.4Virginia Code Commission. Virginia Code 44-146.17 – Powers and Duties of Governor If the General Assembly does not act on the order within that window, the Governor is prohibited from issuing the same or a similar order for the same emergency. That prohibition is a real legislative check. The Governor cannot simply re-issue an expired emergency order to work around the time limit.
Compared with many other states, Virginia’s statute is relatively strict, reflecting a deliberate choice to keep emergency authority temporary and subject to legislative oversight.
Penalties for Violating an Emergency Order
Emergency executive orders that specifically declare their violation punishable carry real legal consequences. Under § 44-146.17, a violation can result in a civil penalty of up to $500 or prosecution as a Class 1 misdemeanor.5Virginia General Assembly. 2020 Session Legislation – Chapter 15 A Class 1 misdemeanor in Virginia carries up to 12 months in jail and a fine of up to $2,500. The order itself must state that violations have the force and effect of law; not every emergency order automatically triggers criminal penalties.
When an Executive Order Actually Reaches You
Most executive orders manage internal government operations. They reorganize agencies, create task forces, set hiring priorities, or direct how state employees implement existing programs. If you don’t work for state government, many of these orders never touch your daily life.
Emergency orders are the exception. When the Governor declares an emergency and issues orders restricting travel, closing businesses, or controlling the distribution of supplies, those directives apply to everyone in the affected area. Evacuation orders during hurricanes, restrictions during public health emergencies, and curfews during civil unrest all fall into this category.
Virginia follows the Dillon Rule, which means local governments possess only those powers the state has explicitly granted them. During an emergency, that structure gives the Governor significant authority to preempt local decisions. A county or city cannot adopt policies that conflict with an active executive order. The tradeoff is speed in exchange for local flexibility.
How Long an Order Lasts
Non-emergency executive orders have no automatic expiration. An order stays in effect until it reaches a self-terminating date it contains, the sitting Governor rescinds it, or a future Governor rescinds it. That gives policies set by one administration a kind of default continuity: they persist until someone actively dismantles them.
Every new Governor in Virginia reviews inherited executive orders and typically rescinds those that clash with the new administration’s priorities. The authority to do so flows from the same constitutional grant of executive power under Article V. No legislative approval is required. The Governor simply issues a new executive order that revokes the old one. Orders establishing advisory councils, agency reorganizations, environmental review processes, or diversity initiatives can all be undone on day one of a new term.
Where to Read the Actual Order
Virginia law requires executive orders to be publicly available through multiple channels. Under § 2.2-4031, the Registrar publishes the Virginia Register of Regulations every two weeks, and that publication must include executive orders alongside proposed and final regulations.6Virginia Code Commission. Virginia Code 2.2-4031 – Publication of Virginia Register of Regulations The Register is posted on the Virginia Code Commission’s website.
The Governor’s official website also maintains a searchable listing of current executive orders and directives, including those from prior administrations that remain in effect.7Governor of Virginia. Executive Actions – Governor of Virginia Each order carries a unique identifying number tied to the administration that issued it, so you can pull up the full text once you know the number or the subject matter.
Challenging an Executive Order in Court
If you believe a Virginia executive order exceeds the Governor’s authority or violates constitutional rights, the path runs through the courts. The Supreme Court of Virginia has original jurisdiction over petitions for writs of mandamus and prohibition, the traditional tools for compelling or restraining government action.
Standing is the first hurdle. As a general rule, a citizen or taxpayer cannot seek relief unless they can show a direct interest in the outcome “separate and distinct from the interest of the public at large.”8Supreme Court of Virginia. Howell v. McAuliffe Opinion Simply disagreeing with the policy is not enough. The order has to affect you in a way it does not affect everyone else. The Court has recognized some exceptions, such as voter standing when an executive order allegedly dilutes voting power by unconstitutionally expanding the electorate.
The legal standard for mandamus is demanding. The court will only compel a government official to perform a “purely ministerial duty imposed upon him by law,” meaning an act that must be done in a prescribed manner with no room for discretion.8Supreme Court of Virginia. Howell v. McAuliffe Opinion A constitutional challenge is a different question, and the court applies standard constitutional analysis: does the order exceed the Governor’s authority, conflict with a statute, or violate rights protected by the Virginia or U.S. Constitution?
The most prominent recent example was a challenge to Governor McAuliffe’s 2016 executive order restoring voting rights to felons, which the Supreme Court of Virginia found exceeded the Governor’s clemency powers when applied as a blanket restoration rather than as individual grants. Subsequent governors shifted to individual clemency orders to work within that ruling.
Legislative Checks
The General Assembly’s most direct check runs through the 45-day emergency expiration. By requiring the legislature to affirmatively act within that window, the statute makes extended emergency governance depend on democratic buy-in rather than unilateral executive action.
Outside emergencies, the legislature can check executive orders indirectly. If the General Assembly disagrees with a policy directive, it can pass a statute that overrides the order or defund the programs the order creates. The Governor can veto that legislation, but the General Assembly can override a veto with a two-thirds vote in each chamber.9Virginia Code Commission. Constitution of Virginia – Article V, Section 6 These confrontations are uncommon in practice because governors generally avoid orders that would provoke a direct legislative repudiation.
The budget is another lever. Executive orders that require funding depend on appropriations the legislature controls. A task force or initiative created by executive order can be effectively neutralized if the General Assembly refuses to allocate money for it.