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By Dan Gooding
Associate News Editor
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The U.S Department of Justice said in newly released court documents that two staffers at the Department of Government Efficiency (DOGE) may have illegally used Social Security data as part of an effort to overturn election results.
In a filing in the U.S. District Court for Maryland, Elizabeth Shapiro, a top Justice Department official, said that the two employees may have violated the Hatch Act by using data to compare voter rolls.
Shapiro wrote that the two DOGE staffers' work potentially went against DOGE's stated mission to cut out government waste, fraud, and abuse. The two individuals were not identified in the filing.
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The information came as part of corrections to earlier filings from the administration, in a case around President Donald Trump's efforts to downsize the federal government early last year, in part through DOGE.
Newsweek reached out to the Social Security Administration (SSA) for further comment via email on Tuesday afternoon.
Why It Matters
DOGE, which was led by Elon Musk, drew criticism during the first six months of Trump's second term after staffers were given access to multiple government departments and their private data. The department was set up to cut government waste, but several decisions to lay off federal workers and end programs were challenged in court and, in some cases, reversed.
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What To Know
Shapiro wrote that the SSA had recently determined that in March 2025, a political advocacy group contacted two members of the agency's DOGE team to analyze voter rolls the group had acquired, aiming to root out alleged voter fraud in certain states.
One team member signed a "Voter Data Agreement" and sent it without the knowledge of other SSA staff, the filing alleged. The SSA only discovered the agreement during a November 2025 review, and two referrals were made under the Hatch Act.
The filing also outlined other potential data security breaches, including multiple instances in which DOGE team members were granted access to employee records and workspaces, and an encrypted file that potentially contained the names and addresses of 1,000 people, which was sent to the Department of Homeland Security.
DOGE staffers also used links to share data through a third-party service called "Cloudflare," which is not approved for storing secure SSA data.
What Is the Hatch Act?
The Hatch Act limits the political activities of federal and other government employees, aiming to ensure the federal government remains nonpartisan. Essentially, it prevents workers from engaging in some political activity.
Being found to have violated the Hatch Act could lead to removal from federal service, a reduction in grade, debarment from federal employment for up to five years, suspension, reprimand, or a civil penalty of up to $1,000.
During the government shutdown in the fall,the Trump administration was accused of violating the Hatch Act over its messaging on social media and federal agency websites that blamed the shutdown on the Democratic Party. The SSA was also accused of violating the rules when it sent out an email in July, celebrating the passage of Trump's One Big Beautiful Bill Act.
What People Are Saying
Skye Perryman, president and CEO of Democracy Forward, representing the plaintiffs in the case, in a statement shared with Newsweek: “The brazen misconduct by President Trump's administration is doubly harmful here, when the privacy of individual Americans and the integrity of our election system is at risk. Democracy Forward will aggressively pursue this to protect the people and our democracy.
“This case also shows the importance of litigation: the only way the American people have been able to learn what their government is up to in secret is because of the judicial process and our brave clients’ lawsuit. We will continue to do that in the days ahead and will use all legal tools to pursue accountability.”
The DOJ, in its updated filing: "SSA and the undersigned counsel bring these matters to the Court’s attention to ensure full candor to the Court. A review of the SSA DOGE Team’s actions is ongoing, and SSA and the undersigned counsel will continue to ensure that the record and representations made to this Court are accurate."
Republican Iowa Senator Joni Ernst said Tuesday on X: "In one year, President Trump has used @DOGE to save taxpayers billions. I’m proud to have partnered with the Trump administration to make Washington squeal and deliver real savings to hardworking taxpayers. And we’re just getting started!"
SSA Commissioner Frank Bisignano, speaking to Fox News in May 2025: “The work that DOGE did was 100 percent accurate. They were identifying opportunity for fraud, and they still end up being a tremendous resource for us. Partnering with DOGE has been tremendously valuable, even in my first few days here. It's really about integrity. That Social Security Number travels through the whole ecosystem."
What Happens Next
A Hatch Act filing means the Office of Special Counsel must investigate the matter. The case in Maryland has been sent to the U.S. Court of Appeals.
Update 1/21/26, 11:20 a.m. ET: This article was updated with additional information.
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