Oklahoma Attorney General Gentner Drummond demanded Gov. Kevin Stitt (R-OK) place his own secretary of state on leave after the official’s arrest on suspicion of public intoxication.
Secretary of State Benjamin Lepak was taken into custody by Edmond police Friday night outside a McDonald’s drive-through, OKC Fox reported. Lepak is part of a Republican family that the governor has repeatedly awarded government jobs to.
Drummond said his office would work with the City of Edmond to review body-camera footage and called for its immediate public release, according to KOKH.
“Ben Lepak has serious questions to answer about his conduct Friday night,” Drummond said. “The police report raises troubling questions about his level of intoxication, how he arrived at the McDonald’s, and whether a senior state official was completely forthcoming with law enforcement.”
The Republican prosecutor argued Lepak should remain on leave until the investigation concludes, according to KOKH.
“Governor Stitt hand-picked Ben Lepak to serve as Oklahoma’s Secretary of State,” Drummond said. “I am calling on the Governor to place Lepak on leave while this matter is fully and independently investigated.”
The demand puts Drummond in direct conflict with Stitt, whom he faces in the Aug. 25 Republican gubernatorial runoff. Stitt has endorsed Drummond’s opponent, former state Sen. Mike Mazzei.
“Before they lecture Oklahomans about who should lead our state, they need to demonstrate that they are willing to demand accountability from their own administration,” Drummond said.
An officer reported Lepak had “extremely slurred speech” and smelled of alcohol, according to OKC Fox.
Lepak said he had gone to church earlier in the evening, the report said. He also told officers his kids had started a new school that week.
“Got McDonald’s, cause this is my night to have McDonald’s,” Lepak allegedly told officers.
Lepak initially denied drinking, then told officers he had a beer — before backtracking to say he had not finished it, the report said. He also denied driving to the location despite his car being parked in the lot, OKC Fox noted.
A spokesperson for the secretary of state’s office said Lepak was not given a breathalyzer test and that the matter will be addressed through the legal process.
In 2021, Village Police arrested Lepak on suspicion of being intoxicated while in control of a vehicle after finding him asleep in a running pickup truck, The Oklahoman reported. A breathalyzer measured his blood alcohol at 0.11 to 0.12 percent — above the legal limit of 0.08 percent.
He received a one-year deferred sentence, meaning no conviction was entered after he completed its terms, according to the newspaper.
Stitt appointed Lepak as interim secretary of state in October 2025 after his first choice was found ineligible for the role, Oklahoma Voice reported. The governor had previously appointed Lepak as general counsel in 2024.
Lepak is part of an Oklahoma Republican family with multiple ties to the Stitt administration — his father is state Rep. Mark Lepak (R-OK) and Stitt also appointed his sister to the Oklahoma State Board of Education, The Oklahoman reported.
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