Ruben Gallego’s Campaign Lawyer Created a Mystery Nonprofit

Sen. Ruben Gallego’s right-hand man quietly created a nonprofit that’s able to raise unlimited funds, according to articles of incorporation and a person who advised the senator and his staff.

Roy Herrera, who serves as legal counsel for Gallego’s political operation and as treasurer of the senator’s leadership PAC, “Juntos PAC,” created the 501(c)(4) nonprofit organization in late February, per the articles of incorporation reviewed by NOTUS.

According to the person who advised the senator, concerns that the organization, called “Together America,” might run afoul of campaign finance rules have been raised with Gallego (D-Arizona) and his advisers.

Herrera, who also works as campaign counsel for Sen. Mark Kelly (D-Arizona), sent NOTUS “excerpts from the official memo my team and I wrote governing the organization,” including a mission statement that says Together America is a “social welfare organization dedicated to engaging, supporting, and empowering Latino and working-class communities,” and that the group “does not plan to engage in political campaigns on behalf of or in opposition to any candidates for public office.”

One election law attorney, who was granted anonymity to speak candidly, told NOTUS that Herrera’s involvement in the nonprofit is a “red flag.”

“I don’t like that too much,” the attorney said. “I can’t believe that any sophisticated operation would put that out that way.”

Gallego, a potential 2028 presidential candidate, has been under scrutiny for using campaign money — including funds from the leadership PAC managed by Herrera — on luxury trips with his family and on child care, as Politico first reported. In response to the report, Gallego said on X, that fundraising tends to take place in “nice venues.”

“I know people have opinions on that, but that’s the nature of the campaign system we have in our country,” he added.

After multiple emails, texts and phone calls from NOTUS to Herrera and Gallego’s team asking what the nonprofit is designed to do, Herrera told NOTUS “that the organization is still in the formation process” and while it has been incorporated, it “has not conducted any activities and will shortly begin the process” of applying to be recognized as a 501(c)(4) by the IRS.

Public officials are allowed to establish nonprofit organizations. But these organizations cannot coordinate with campaigns, and they’re required to be independent from the candidates or public officials they’re supporting. Any nonprofit activity linked to a public official could result in federal prosecution.

Herrera did not specify why no public announcements or comments had been made about the organization until NOTUS asked about its formation, over four months after it was incorporated.

He added that Together America has “considered and followed” the rules that govern 501(c)(4) organizations that “may have a relationship with a federal elected official.”

Pressed about NOTUS’ reporting that concerns about the entity were raised with the senator, neither Herrera nor a spokesperson for Gallego responded to that issue.

Some 2028 hopefuls have also established nonprofit organizations. Illinois Gov. JB Pritzker formed “Think Big America” in 2023. Jonathan Berkon, who has served as his attorney, was the incorporator that filed the paperwork for the group. However, unlike Herrera’s operation, Berkon was not listed as the director of the organization and Think Big America was created with a board of directors.

Herrera told NOTUS “the organization’s mission aligns with Senator Gallego’s values and we expect he will support its work.” He added that the group “intends to add additional board members as it begins operations,” and Gallego “does not and will not” serve in the organization’s board of directors. It’s unclear when the organization will launch.

The election attorney noted that Benjamin Ginsberg, former President George W. Bush’s campaign lawyer, was criticized for giving legal advice to a nonprofit organization that made advertisements attacking John Kerry, Bush’s Democratic opponent in the 2004 presidential election. Ginsberg told The New York Times at the time that his work with the group was separate from his work with the campaign.

Politicians have been increasingly attracted to setting up these nonprofits because 501(c)(4) organizations, also known as dark money groups, are allowed to raise and spend unlimited funds on political activities and are not required to disclose their donors.

Jacques Petit, Gallego’s communications director, did not address concerns that were raised with the senator about the nonprofit. Instead, he told NOTUS, “Senator Gallego and his campaign team stay within the rules and stick to widely used best practices that are very common in both parties. While we respect the press’s role in holding elected leaders to high standards, this kind of story could be written about quite a few people.”

Gallego’s behavior has been under fire since his longtime friend Rep. Eric Swalwell (D-California) was accused of sexual assault and then resigned from Congress. But Gallego has denied any knowledge of Swalwell’s alleged behavior and called for him to be expelled. NOTUS first reported that he partied in Colombia until the wee hours of the morning despite warnings from the U.S. Embassy in Colombia that there was a credible threat to his life.

The first-term senator formed a legal defense fund — which has the same address as the nonprofit Together America — after Rep. Anna Paulina Luna (R-Florida) accused him in social media posts of “very disturbing” allegations, though she did not provide details.