NC SENATE CANDIDATE PROPOSES MAINSTREET SHOULD BE ALLOWED TO BAIL OUT OF 401K PLANS WITH NO 10% TAX PENALTY!!

Raleigh NC October 5th 12:30pm

Jan MacKay is not running for Congress. Jan is running for state senate in North Carolina. As such, even if elected, she cannot introduce a bill into Congress. However, Jan is a citizen - the highest office in the land - and as such cannot sit idly by and watch the travesty of raiding the US Treasury to bail out Wall Street without getting at least something for Main Street. Here is what she wants, here is what she proposes, and here is the actions she proposes for a grassroots effort. Minutes ago, she wrote this letter to other NC candidates from the Libertarian Party. They have not discussed or endorsed this grassroots effort yet. As of this time, she stands alone and takes all heat from naysayers.

LPNC Candidates,


I propose that we contact Congress and the President and demand the 10% tax penalty on early withdrawal from 401k and IRA Rollover plans be lifted immediately.


For years, the government was telling us that Social Security is in trouble, so everyone needs to build a retirement nest egg by investing in a 401k plan. In order for people to get on a faster track, they can take a prudent or risky approach. Any time people gamble with their 401k, they can lose. In the last few weeks we have seen people lose a lot, because they did not understand how to shift their funds to less risk. Shame on them. We have also seen extremely low gains unless risk is taken.

If you lose your job, and can't quickly find another, you may be forced to go on food stamps which you won't qualify for if you have a 401k  or IRA rollover with more than $2000 in it, or you withdraw money from your 401k and get hit with a whopping 10% penalty in addition to the already high income taxes you will pay. If you keep your money in the 401k, which often has money market funds you can gamble on, you are likely to take a hit in an economic slump.

Keep in mind that this is an additional tax as penalty for you taking control of your own situation by withdrawing the funds you earned when you desperately need them.

The bailout plan put 110 BILLION, or more, worth of pork spending into the plan in order to entice reluctant congressional reps to agree to the bailout.

I think help for main street should begin with eliminating this 10% tax penalty. It's our money. We should be able to take control of it.

I have already proposed this in writing to my “current” congressional reps and the “current” President.

I understand there are LPNC and LP members who are investors who are well-off and may never be in a situation of needing to get to their own money, and do not want to see a run on the 401k and IRA rollover withdrawals. However, I believe libertarian values would say that people should be able to get to their own money, and this 10% penalty should never have been imposed to begin with. It is not just an encouragement to keep feeding the stock market and money markets - it is a severe penalty, and it is wrong.

Let's have a serious discussion. If LPNC agrees that this idea is worthy of libertarian values, let's take the next steps in establishing a grassroots movement and get national LP and Ron Paul fans on board.

Jan MacKay
NC Senate Candidate District 15

NC Senate Candidate Battles Safety Nanny Government
Raleigh NC, Bikers USA, September 29, 2008

On April 25th, Jan MacKay says she was nearly run down on Garner Rd, by a highway patrol truck driven by a state trooper, just down the street from Highway Patrol Headquarters. She received a ticket for not wearing a helmet, despite wearing one which she says meets the lawful requirements. Perhaps, it did not appear to conform. Perhaps, it did not meet with the troopers subjective approval. However, Ms MacKay says it was a manufacturer self-certified partial coverage helmet. As such, it is of a type compliant with federal motor vehicle safety standard, FMVSS 218, therefore lawful.

Since then, she has gone to district court four times. The first three times, the court was not ready to proceed. The trooper who is based in Surry and Yadkin counties has driven to Raleigh twice, a 5 hour round trip, and sat in court. The total amount of time the trooper has been away from patrol has been approximately 17 hours, over an infraction which carries a $25 fine. This seems like a travesty not wanted by the taxpayers. Some citizens might also see problems when consumers, rather than manufacturers, are held responsible for complying with federal requirements on motor vehicles and motor vehicle equipment, and in the case of a helmet - what they wear.

On July 1st, Ms MacKay announced her candidacy for NC Senate representing Senate District 15 which is North Raleigh, Wake Forest, and unincorporated areas around Falls Lake, which she says should remain unincorporated despite annexation plans. She is getting lots of well-wishers from all over North Carolina and from other states as well. Her internet campaign is doing well, with a website is top-ranked on Google. "That's good because I do not have money from PAC's and lobbyists in order to support my campaign. I think the pathway to ending corruption in Raleigh is for legislators to stop taking money from special interests. Information, yes. Money, no. I will try to live on the meager $20,659 salary and do my best for the people rather than the well-financed."

On August 27th, she was found guilty in district court and immediately appealed to Superior Court. According to the judge, she was not found guilty due to the leather helmet she was wearing, but because the trooper testified the straps were not tightly cinched under her chin. It was exactly the type of decision she wanted, because an appeal to Superior Court is needed in order to overturn the NC helmet law and stop law enforcement from being overly aggressive in pulling over motorcyclists.

On September 26th, she served a copy of a 26 page legal brief on the Wake County District Attorney Office and filed  it with the clerk of Superior Court.  Jan is not a lawyer, and is defending herself. "I do not recommend anyone represent themselves pro se in major crimes, but if an intelligent person cannot represent herself in court against a minor infraction, and get a fair trial, then our judicial system has serious problems". If the law is overturned, people will still be able to wear helmets. They will be able to wear any helmet they want, rather than being forced to wear one that someone in China says is compliant, and perhaps they will not be forced to attach any device to their heads. This is all about individual liberties and the right to decide such important matters for themselves rather than rely on a safety nanny government to make all decisions for us. The date for the trial in Superior Court is November 10th, six days after the election. Perhaps it will be the first of many rights and individual liberties "Senator" Jan MacKay will energetically fight for.

This press release can be downloaded in any of the following formats: .pdf .doc .odt

Jan MacKay is ELECTABLE!

Of the 135,406 registered voters in NC Senate District 15, 72,534 are FEMALE.
34,046 of the registered voters in NC Senate District 15 are UNAFFILIATED.
Despite opposition by major political parties:
JAN MacKAY CAN BE YOUR NEXT NC STATE SENATOR IN 2008!

NC Senate Candidate Fights Unconstitutional Helmet Ticket

Excerpts only. View the entire document.

Raleigh, NC July 9, 2008 (AMP)

Jan MacKay, a candidate for Senate in NC State Senate District 15, Wake County, is a freedom fighter for motorcycle rights. Jan was issued a helmet ticket three months prior to announcing her candidacy for the Senate. Her next scheduled court appearance is on July 29, 2008 at Wake County District Court, in downtown Raleigh, on the 5th floor.

“If law enforcement suspects a helmet does not comply with the standard, rather than go after the manufacturer, they go after the consumer! This establishes a dangerous precedent, and should be of concern to every motorist and consumer. Imagine if they went after consumers to comply with all the hundreds of  motor vehicle equipment items controlled by FMVSS. Then, imagine if the FDA did this! It would take responsibility from the drug manufacturers, putting a burden of compliance on anyone who legally uses prescription drugs.”

“This is an issue of basic citizens rights to know, with certainty, what is lawful and what is not lawful.”

 I do not want a dismissal. I want this to be adjudicated by a fair trial with concern for the Constitution.”

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