I don’t know this specifically, but I believe the whole affair was organized by the NPS under the direction of the White House. I have seen nothing to indicate that the RNC organized the event.
The regulations accompanying the Hatch Act prohibit Federal employees from political activity, which is described as “activities directed at the success or failure of a political party, candidate for partisan political office, or partisan political group.” The fact that preferred tickets were provided on a partisan basis (though not exclusively, as other tickets were distributed by other means) would seem to raise a question about whether the White House staff or NPS giving those tickets to the RNC engaged in partisan political activity.
There are events at the White House that have involved partisan invitations, like Christmas parties, picnics for the Fourth of July, and so on.
I do not know the specific precedents of how the Hatch Act applies to activities at the White House beyond the prohibition on fundraising. It is a convoluted issue because of the circumstances of the facility being a private residence as well as a Federal office building, and the rules as applies to certain senior staff engaging in politics strategy activities that would be disallowed in any other agency in almost all circumstances.
Despite that confusion, it would seem strange to take the odd circumstances that apply to the White House and argue that they also apply to all Federal facilities.
But in mitigation, the nonpartisan content of the speech should also be considered.
TLDR: it isn’t clear-cut that the partisan distribution of tickets was allowed or prohibited.
Ravenman, I don’t know if the nature of the speech is relevant. I’m just curious how a political party gets to control access to a portion of the mall.
How did the Beach Boys get to control access to a portion of the Mall? (So far I can find 5 times they performed on the Mall on the 4th plus apparently a subset putting in an appearance.)
Speaking of politics: then Interior Secretary broke the run of Beach Boys 4th concerts in 1983 because of the unsavory element that appeared at their concerts. :rolleyes:
The answer is fairly straightforward, I think. It was a government event that included (for a variety of reasons) a restricted area that required tickets. The tickets were issued by the White House (and were free). The White House provided blocks of tickets to various entities, including the RNC. The RNC, in turn, distributed the tickets it received as it saw fit. (The same was presumably true for whatever tickets were issued to other entities or individuals).
I said “guess with no basis in fact.” The others who made guesses offered detailed reasons for their suppositions. You provided no reason or explanation for your statement that it was an executive order, and also failed to do so when asked about it directly.
If it wasn’t a random guess, then what was the basis for your statement?
What does that have to do with an Executive Order? That seems to support what others have been saying that it is possible for groups to reserve space on the Mall for events.
Anyone can reserve space on the Mall. But government officials acting in their official capacity cannot use their office for partisan electoral advantage.
If the DNC, RNC, Green Party of whomever want to reserve time on the Mall, they may. But (just to pick a random example) Senator Sanders cannot use his Senate staff to book the Mall for a fundraiser for his electoral campaign. That’s clearly a violation of the Hatch Act.
The question of whether the government can book an event and provide preferential treatment to attendees on a partisan basis is a harder question that I don’t think anyone has a firm answer to, but it is neither clearly allowable nor clearly a violation.
There’s a very long custom of public facilities/land being used for what at least in part were partisan political events, and which were invitation-only.
Presidential inaugural balls have been held in public buildings (for instance, Lincoln’s second inaugural ball in 1865, and Harry Truman’s inaugural ball in 1948).
The first inauguration ceremonies for Obama took place on public land, and there was a VIP section. I don’t know who got the VIP seats but it wouldn’t surprise or disturb me if the inaugural committee gave preference to Obama supporters.
‘‘Because of high demand and limited availability of the reserved tickets, some people planned to offer their tickets for sale through ticket brokers, Internet auctions and classified listing services. Sales offers for tickets reached as high as $1,750 each for the reserved standing room section behind the Capitol Reflecting Pool, $5,500 each for the reserved standing room section in front of the Reflecting Pool and $20,000 each for the VIP section on the Capitol grounds.’’