Jan. 15, 2021
Re: File Number SR–NASDAQ–2020–081 The above-styled proposed rule would, inter alia, “require Nasdaq-listed companies, subject to certain exceptions, (A) to have at least one director who self-identifies as a female, and (B) to have at least one director who self-identifies as Black or African American, Hispanic or Latinx, Asian, Native American or Alaska Native, Native Hawaiian or Pacific Islander, two or more races or ethnicities, or as LGBTQ+, or (C) to explain why the company does not have at least two directors on its board who self-identify in the categories listed above.” Because I think that the proposed rule raises constitutional concerns, is impermissibly vague, and has been proposed without sufficient support to allow the Securities & Exchange Commission (SEC) to conclude that it is appropriately tailored to achieve its stated purpose, I oppose the proposed rule. Sincerely, Joseph H. Miller