Oklahoma Secretary of State Ben Lepak was taken into custody in Edmond on suspicion of public intoxication on Friday, according to authorities. Lepak, who has held the constitutional office for less than a year, now faces a misdemeanor charge stemming from the arrest.
News of the arrest was first reported by KFOR, which noted that limited details were available as the story continued to develop. The station reported that Lepak was taken into custody in Edmond, though it did not specify the exact circumstances of the encounter with police.
Lepak has served as Oklahoma's Secretary of State since October 2025, when Governor Kevin Stitt appointed him to the post after his original pick, Donelle Harder, was ruled ineligible, according to Ballotpedia. Harder had been registered to vote in Oklahoma for only eight years, short of the ten years required by the state constitution, and she was later reassigned as Stitt's chief of staff.
A Cabinet Newcomer With Deep Political Roots
Before stepping into the Secretary of State's office, Lepak served as Stitt's general counsel beginning in October 2024, a role in which he succeeded Trevor Pemberton as the governor's top attorney, per the Oklahoma governor's office. He previously spent several years as executive director of the State Chamber Research Foundation, and he earned his law degree from Notre Dame Law School after completing an undergraduate finance degree at the University of Oklahoma.
The Secretary of State is unique among Oklahoma's executive cabinet as the only constitutional officer who is appointed rather than elected, nominated by the governor subject to Senate confirmation under Article VI, Section 1 of the state constitution, according to Ballotpedia. The office switched from an elected to an appointed position following a 1975 constitutional amendment.
Lepak also comes from a well-connected political family. He is the son of state Representative Mark Lepak (R-Claremore), who currently represents House District 9, and the brother of Sarah Lepak, whom Stitt appointed to the State Board of Education in 2022, according to Wikipedia.
What Oklahoma Law Says About the Charge
Public intoxication in Oklahoma is classified as a misdemeanor under Title 37A, Section 6-101 of the state statutes, carrying a fine of $10 to $100, a jail term of five to 30 days, or both. The law bars people from being drunk in public places, on public roads, or from disturbing the peace while impaired.
State law also gives officers an alternative to a formal arrest: under Title 43A, Section 3-428, police may place an intoxicated person into voluntary protective custody for up to 12 hours at an approved facility if the person consents, rather than filing criminal charges. It remains unclear from available reporting which route Edmond police pursued before booking Lepak.
Edmond's History With Officials and Alcohol
This is not the first time an Edmond arrest involving alcohol has ensnared a state official. In October 2022, Edmond police arrested state Representative Ryan Martinez (R-Edmond) outside a local bar on alcohol-related charges, a case that ultimately led to a felony guilty plea and his resignation from the legislature in August 2023, according to The Frontier. Body camera footage from that arrest reportedly captured Martinez asking officers if he should call Governor Stitt.
The Lepak arrest also lands amid a broader legislative debate over alcohol and public office. In March, the Oklahoma State Senate voted down a “No Legislating While Drunk” amendment offered by Senator Shane Jett that would have explicitly barred lawmakers from consuming alcohol or being intoxicated on the Senate floor or while performing official duties, with Senate leadership tabling the standalone measure without a hearing.
An Office With High Administrative Stakes
The Secretary of State's office is responsible for certifying ballot initiatives and maintaining state recordkeeping, duties that carry significant political weight. In March, Lepak's office processed a high-stakes filing when it certified the rejection of an open-primary constitutional amendment after stricter data-matching software disqualified more than 57,000 signature lines, a decision Hoodline detailed in its signature crackdown report.
As of Friday, neither the governor's office nor Senate leadership had issued a public statement addressing Lepak's status on the executive cabinet following the arrest. KFOR's report indicated the story remained ongoing, with further details expected as Edmond police release additional information.
