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Romeu v. Cohen
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Romeu v. Cohen

2001 Second Circuit ruling that rejected an equal protection challenge to the overseas voting law.

The 2001 Second Circuit ruling on who the overseas voting law covers returned to view when the Democratic National Committee sued the Pentagon on 1 October 2026 over forms that dropped a box for citizens who never lived in the US.

Last refreshed: 18 October 2026

Timeline for Romeu v. Cohen

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Background

Romeu v. Cohen, 265 F.3d 118 (2d Cir. 2001), is a ruling of the US Court of Appeals for the Second Circuit, decided on 6 September 2001. Xavier Romeu sued William S. Cohen, then Secretary of Defense, whose department administers the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA).

Romeu was a former New York resident who had moved to Puerto Rico. UOCAVA lets citizens who move abroad keep voting absentee in their last state, but it does not treat a move to Puerto Rico as a move abroad, so he lost that vote. the Court rejected his equal protection challenge to the law. It warned that extending absentee votes to some territory residents would create a "distinction of questionable fairness" between residents of the same territory.

Federal courts still cite it on who the overseas law covers, because it let Congress's line on who counts as overseas stand. That question returned in 2026, when the Democratic National Committee sued the Pentagon after its overseas-ballot forms dropped a box for citizens who have never lived in the US.

Common Questions
What did Romeu v. Cohen decide?
The Second Circuit rejected an equal protection challenge to the overseas voting law brought by a former New York resident living in Puerto Rico.Source: Romeu v. Cohen, 265 F.3d 118 (2d Cir. 2001)
Can former state residents living in Puerto Rico vote absentee in federal elections?
Not under the overseas voting law, which does not treat a move to Puerto Rico as a move abroad. Romeu v. Cohen upheld that line in 2001.Source: Romeu v. Cohen, 265 F.3d 118 (2d Cir. 2001)
Who was Cohen in Romeu v. Cohen?
William S. Cohen, then US Secretary of Defense, whose department administers the overseas voting law.Source: CourtListener case record
Why is Romeu v. Cohen cited in the 2026 overseas ballot fight?
It is a leading ruling on who the overseas voting law covers, which is the question in the DNC's suit over Pentagon forms.Source: Romeu v. Cohen, 265 F.3d 118 (2d Cir. 2001)
Source Material
Segovia v. United States, brief in oppositionRomeu v. Cohen

Written with AI from Lowdown's published reporting. Not individually reviewed by an editor. Updated 18 October 2026. Editorial standards.