Court orders probe of DOGE’s secret voter data deal after ‘alarming’ revelations

A federal judge Tuesday ordered a sweeping evidence-gathering process in a case over the Trump administration’s access to Social Security data — a shift that could force the government to turn over records tied to a secret voter data agreement with election deniers.

The decision comes just days after a federal appeals court warned of “alarming” conduct by the Trump administration, including a previously undisclosed agreement between Department of Government Efficiency (DOGE) personnel and a political advocacy group seeking to challenge election results.

In response to that ruling, the Maryland District Judge Ellen Lipton Hollander lifted a pause on the case and granted plaintiffs’ request for discovery — the legal process that allows both sides to obtain documents, emails and testimony under oath.

That means, for the first time, DOGE and the Social Security Administration could be required to hand over records detailing what happened behind the scenes as they accessed the data of millions of Americans.

The court’s order follows months of shifting explanations from the government. 

Earlier this year, the Justice Department admitted it had provided inaccurate information to the court and revealed that DOGE staff entered into a “voter data agreement” with an outside “advocacy” group, while also using an unauthorized server to handle sensitive Social Security data.

The appeals court said Friday those admissions were deeply concerning — and pointed to additional allegations that could raise even more serious questions.

“The government’s recent acknowledgments are alarming and raise serious questions about its earlier conduct before the district court,” the court wrote.

It also referenced “even more alarming” allegations raised by plaintiffs, including a whistleblower report that a former DOGE staffer may have taken Social Security data outside the agency — claims that have not yet been fully examined in court.

The district court’s new order makes clear that those issues will now be investigated.

By allowing discovery to move forward, the judge signaled that the case has entered a new phase — one focused not just on whether DOGE should have access to sensitive data, but on what may have been done with that data.

“This ruling proves that litigation is working,” Skye Perryman, President and CEO of Democracy Forward*, which is challenging the Trump administration in this case, said in a statement following the order. “Proud of our team at Democracy Forward for their continued work to shed light on DOGE’s misuse of data in court. The public deserves answers, and we will keep fighting until we get them.”

The underlying lawsuit was originally filed to block DOGE from accessing highly sensitive personal information held by the Social Security Administration. While the Supreme Court previously allowed that access to continue as the case moved forward, new disclosures have significantly raised the stakes.

With discovery underway, plaintiffs will have the opportunity to obtain internal records and communications that could reveal the full scope of DOGE’s actions — including its interactions with election denial groups and use of voter data.

*Democracy Docket Founder Marc Elias is the chair of Democracy Forward’s board.