UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

WASHINGTON, D.C. 20549

FORM 8-K

CURRENT REPORT

Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934

Date of Report (date of earliest event reported): May 1519, 2023

ACER THERAPEUTICS INC.

(Exact name of registrant as specified in its charter)


Delaware	001-33004	32-0426967
(State or other jurisdiction of incorporation)	(Commission File Number)	(IRS Employer Identification No.)


One Gateway Center, Suite 356 300 Washington Street Newton, Massachusetts		02458
(Address of principal executive offices)		(Zip Code)
Registrant’s telephone number, including area code: (844) 902-6100
N/A
(Former name or former address, if changed since last report)

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:


☐	Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
☐	Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
☐	Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
☐	Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))


Securities registered pursuant to Section 12(b) of the Act:
Title of Each Class	Trading Symbol	Name of Each Exchange on Which Registered
Common Stock, $0.0001 par value per share	ACER	The Nasdaq Stock Market LLC

Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§ 230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§ 240.12b-2 of this chapter).

Emerging growth company ☐

If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. ☐

Item 25.0207. ~~Results~~Submission of ~~Operations~~Matters ~~and~~to ~~Financial~~a ~~Condition~~Vote of Security Holders

OnThe ~~May~~virtual ~~15,~~Annual ~~2023,~~Meeting of Stockholders of Acer Therapeutics Inc. ~~filed~~(the ~~its~~“Company”) ~~Quarterly~~was ~~Report~~held on ~~Form~~May ~~10-Q~~19, ~~for~~2023 (the ~~three~~“Annual ~~months~~Meeting”). Two ~~ended~~proposals ~~March~~were ~~31,~~submitted ~~2023~~to ~~and~~stockholders ~~announced~~as described in the ~~results~~Proxy ofStatement ~~operations~~for inthe aAnnual ~~press~~Meeting ~~release.~~and Awere ~~copy~~approved ofby the ~~press~~Company’s ~~release~~stockholders ~~announcing~~at the ~~results~~Annual ~~is furnished as Exhibit 99~~Meeting.1 The toproposals ~~this~~and ~~Current~~the ~~Report~~results onof ~~Form~~the ~~8-K~~stockholder ~~and~~votes isare ~~incorporated~~as ~~herein by reference~~follows.

~~The information in Item 2~~1.02 ofProposal ~~this~~to ~~Current~~elect ~~Report~~five ondirectors ~~Form 8-K, including Exhibit 99.1, shall not be deemed~~ to beserve ~~filed~~until ~~for purposes of Section 18 of~~ the ~~Securities~~2024 ~~Exchange~~annual ~~Act~~meeting ~~of 1934 (the “Exchange Act”),~~ or ~~otherwise~~until ~~subject~~their tosuccessors ~~the~~are ~~liability~~duly ofelected ~~that section,~~ and shall not be incorporated by reference into any registration statement or other document filed under the Securities Act of 1933 or the Exchange Act, except as shall be expressly set forth by specific reference in such filing.qualified:

Item 9.01. Financial Statements and Exhibits.


	For	Withheld	Broker Non-Votes
Stephen J. Aselage	11,165,037	93,822	4,911,881
Jason Amello	11,166,600	92,259	4,911,881
John M. Dunn	11,152,927	105,932	4,911,881
Michelle Griffin	11,167,931	90,928	4,911,881
Chris Schelling	11,167,998	90,861	4,911,881

~~(d) Exhibits~~2. Proposal to ratify the appointment of BDO USA, LLP as the Company’s independent registered public accounting firm for the fiscal year ending December 31, 2023:

ExhibitNo.		Description
For	Against	Abstain
99.1		Press release issued by Acer Therapeutics Inc. on May 15, 2023.
16,094,307	62,035	14,398
104		Cover page interactive data file (embedded within the inline XBRL document).

SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized.

Dated: May 15, 2023	ACER THERAPEUTICS INC.
Dated: May 22, 2023	ACER THERAPEUTICS INC.
	By:	/s/ Harry S. Palmin
		Harry S. Palmin
		Chief Financial Officer

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