From 18th-century false ballots to the second JFK to double Dan Sullivans, a brief history of spoiler candidates and the unsuccessful legal challenges to them
The spoiler candidate is one of the oldest tricks in the American campaign toolbox, and the law has rarely touched it.
The U.S. Senate campaign of Democratic candidate Mary Peltola in Alaska has faced accusations that a spoiler candidate was recruited for the race. The New York Times reported that individuals with ties to Peltola's campaign and the Democratic Senatorial Campaign Committee sought to recruit a candidate whose name resembled Republican incumbent Dan Sullivan, with the goal of siphoning votes away from the incumbent.
This tactic, known as the "spoiler candidate," is one of the oldest strategies in American campaigning and has rarely been addressed by the law.
In the 19th century, voting was conducted with party-printed ballots, making it easier for spoilers to manipulate elections. However, by the 1890s, government-printed ballots became the norm, effectively ending this practice. Despite this, some have attempted to use similar tactics in more recent times. For example, during John F. Kennedy's first congressional primary, his opponent, Joseph Russo, was recruited by Kennedy's aide.
Similarly, in 1978, an independent candidate named John Francis Kennedy was elected as treasurer and receiver-general of Massachusetts, benefiting from his name association with President Kennedy.
Spoilers can also be used to amplify a specific message, as was the case with Republican Carroll Campbell in 1978. An antisemitic candidate, Don Sprouse, challenged Heller, the mayor of Greenville, despite being unaware of the allegations until years later. In some instances, candidates may not even be aware they are being recruited, as was the case in Michigan when two Democratic officials unknowingly placed Tea Party candidates on the ballot under the same label.
While the law may not specifically address such tactics, illegal activities such as forgery and perjury are punishable, making it difficult to execute these schemes without breaking the law. In Alaska, the process of getting on the ballot is relatively simple, with no petition requirements or primary vetting, making it a cheap tactic for spoilers.
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