Can Stitt sign an executive order outside the state?

Alexia Aston

The Oklahoman USA TODAY NETWORK

As wildfires ravaged the Panhandle, Gov. Kevin Stitt signed an amended executive order declaring a state of emergency in Harper County, where flames damaged nearly 300,000 acres of land.

Stitt, a Republican, was in Washington, DC, at the time, meaning he was not the acting governor. However, Stitt’s office contends the governor remains responsible for the duties of his office wherever he is. But the Oklahoma Constitution says the governor’s powers are passed onto the lieutenant governor when he’s not in Oklahoma.

Lt. Gov. Matt Pinnell’s office confirmed to The Oklahoman on Friday, Feb. 20, that he is currently the state’s acting governor.

Constitution lawyer Bob Burke said if the governor is outside the state, “he or she cannot, in my opinion, sign any official document as the chief executive of the state.”

Audrey Weaver, an attorney for Stitt, told The Oklahoman that in today’s “connected world,” the governor is fully capable of carrying out his responsibilities even when he’s outside of Oklahoma.

Stitt first signed an executive order on Tuesday, Feb. 17, declaring a state of

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Wildfire state of emergency expands. 4A

emergency in Beaver, Texas and Woodward counties, after fires burned homes and ranches and prompted hundreds to evacuate. He posted on social media that afternoon, saying he was at the State Emergency Operations Center being briefed on the wildfire response.

It’s unclear when he jetted to Washington, DC. Tevis Hillis, a spokesperson for Stitt, cited security concerns and said his office can’t disclose when Stitt left or when he’ll return.

He was in DC by the afternoon of Wednesday, Feb. 18. He was appearing at a public event leading up to the closely- watched National Governors Association Winter Meeting. The Oklahoma governor chairs the bipartisan group.

The trip drew national attention after President Donald Trump criticized Stitt for pushing back against White House plans to host only GOP governors at an event.

On Thursday, Feb. 19, Stitt appeared at POLITICO’s annual Governor’s Summit in DC. Then that afternoon, Stitt said he expanded the emergency declaration to include Harper County, where at least five homes have been destroyed.

Above the signature line, the order says: “In witness whereof, I have here unto set my hand and caused the Great Seal of the State of Oklahoma to be affixed at Oklahoma City, Oklahoma, this 19th day of February.”

Hours before Stitt announced that he had signed the order, Harper County Sheriff Thomas McClendon spoke out on social media, saying he was concerned about whether there would be outside assistance for the people affected in his county.

“The flames have taken several homes and totally destroyed dozens of barns and other buildings,” McClendon said. “But again, nothing has been mentioned about our citizens. What I’m concerned about is if there is assistance for the victims in this fire event will my ranchers be left out due to not being mentioned in the state of emergency declaration.”

Stitt’s location when he signed the order won’t impact any federal aid flowing to the county. Keli Cain, a spokesperson for the Oklahoma Department of Emergency Management, said Ranger Road Fire in Beaver and Harper counties were approved for a disaster aid grant by the Federal Emergency Management Agency on the night of Tuesday, Feb. 19.

Still, the situation is not the first time Stitt’s travel has raised questions about who is actually in charge of executive duties.

Under Article 6 of the state constitution, any time the governor is out of state, his powers as chief executive transfer to the lieutenant governor, Burke said. “If he is gone, too, the power passes to the Senate president pro tempore, and if he is gone, to the speaker of the House,” Burke said.

Kaitlyn Rivas, a spokesperson for Pinnell, said the lieutenant governor was notified he’d be the acting governor Tuesday prior to Stitt’s departure.

Along with the state constitutional provisions that apply when the governor is out of state, Oklahoma’s highest civil court has also weighed in on the issue.

The state Supreme Court ruled in the 1926 Fitzpatrick v. McAlister case that Gov. Jack Walton was impeached and convicted, meaning the lieutenant governor became the governor, explained Burke. The Supreme Court also said it does not matter if the vacancy is temporary or permanent, Burke added.

“In other words, if the governor is out of state, the powers of the chief executive is transferred to the lieutenant governor until the governor returns,” Burke said. “That case is still the law a century later.”

In recent years, the governor’s powers have been transferred during weather emergencies, and many officials have said that they weren’t notified of Stitt’s absence.

In March 2025, Stitt and Pinnell were out of state during much of the wildfire response, leaving Senate Pro Tempore President Lonnie Paxton as acting governor.

In September 2024, several officials, including Pinnell, weren’t informed when Stitt had heart surgery. Pinnell was unaware the governor was hospitalized until the day after Stitt returned to work.

In June 2023, former Senate Pro Temp Greg Treat signed an executive order to declare a state of emergency after emergency managers finished surveying severe wind storm damage. In a June 20, 2023, news release, Treat said he was notified about 1 p.m. that day that he was acting governor, nearly 24 hours after Pinnell left Oklahoma for a GOP lieutenant governor’s conference in Georgia. Treat signed the declaration within the hour.

The state’s most powerful lawmakers are moving a bill through the Legislature that would require the governor to notify the next officer in line of succession at least 24 hours before any planned travel out of state.

House Speaker Kyle Hilbert, the principal author of House Bill 4434, said the bill is not about Stitt. Hilbert, R-Bristow, said he wants to ensure there’s a notification process in line when the governor is absent. The bill cleared its first committee hearing.

“To my knowledge, I think I’ve only been governor for one day or one morning since becoming speaker of the House,” Hilbert said Thursday. “I found out about that while I was brushing my teeth one morning and somebody texted me and said, ‘Hey, I’m pretty sure the pro tem, the governor and the lieutenant governor are out of state. Are you governor?’” Paxton, R-Tuttle, is the Senate principal on the bill. It would go into effect Jan. 11, 2027, the day Stitt leaves office after his second term concludes.