DOGE’s secret voter data deal was ‘alarming,’ court finds

A federal appeals court Friday raised serious concerns about a secret voter data agreement involving the Trump administration and ordered a lower court to take another look at a case challenging its access to Social Security data.

The decision comes after new evidence emerged in January showing that Department of Government Efficiency (DOGE) personnel worked with an outside political group seeking to challenge election results — something that was not disclosed during earlier court proceedings.

In its ruling, the Fourth Circuit Court of Appeals pointed directly to that conduct and the government’s shifting explanations.

“The government’s recent acknowledgments are alarming and raise serious questions about its earlier conduct before the district court,” the court wrote. “But even though the notice has been made part of the official record on appeal, our task in this appeal is to review the record that was before the district court at the time the preliminary injunction was entered.”

The appeals court also pointed to indications of “even more alarming” developments beyond the voter data agreement, though it did not fully detail them — signaling that additional facts may emerge as the case returns to the lower court.

The case began as a challenge to DOGE’s access to highly sensitive Social Security data — including Social Security numbers, financial records and medical information — held on millions of Americans.

A lower court had issued a preliminary injunction, temporarily blocking DOGE from accessing that data, though the Supreme Court later allowed that access to resume while the case continued.

After that decision, the Justice Department admitted it had provided incorrect information to the court and revealed new details about DOGE’s actions. Those admissions included that DOGE used an unauthorized server to handle SSA data and that staff entered into an agreement with a “political advocacy” group to analyze voter data in an effort tied to overturning election results.

Because that information was not part of the original case, the appeals court said the lower court needs to review the case again — this time with the new evidence included.

The appeals court also lifted the earlier lower court block on DOGE’s access to Social Security data — leaving in place the Supreme Court’s decision allowing that access while the case continues.

The case now returns to the lower court, where it will examine the newly disclosed conduct and determine whether DOGE’s actions violated the law and put Americans’ personal data at risk.

“The appeals court was correct to find that DOJ’s incorrect statements and belated admissions are ‘alarming and raise serious questions about its earlier conduct before the district court,”  Skye Perryman, President and CEO of Democracy Forward*, which is challenging the Trump administration in this case, said in a statement. “We look forward to continuing this case in the district court, seeking discovery, and getting to the bottom of this harmful conduct, including demonstrating the harms of DOGE’s actions that now appear to extend to the integrity of U.S. elections.”

In a separate but related effort, a lawsuit was filed last month seeking to force the release of records about the voter data agreement and DOGE’s communications with outside organizations.

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