Constitution of the Republic and Canton of Ticino

1 The Canton of Ticino is a democratic republic of Italian culture and language.

2 The Canton is a member of the Swiss Confederation and its sovereignty is limited only by the Federal Constitution.

1 The sovereignty of the Canton resides in the universality of citizens and is exercised in the manner established by the Constitution.

2 The vote of the Canton is cast by the people with the majority of valid votes.

The coat of arms of the Canton is the following

“Per pale Gules and Azure”

1 The Canton guarantees and implements the individual and social freedoms and rights of those living in its territory, promotes culture, solidarity and economic well-being, and safeguards its own identity and environmental values. It ensures that international treaties concluded by the Confederation and foreign laws potentially referred to therein are applied without infringing the individual and social rights of those living in its territory and in full respect of the principle of reciprocity between States. [1]

2 Common interests are pursued with the participation of all.

3 The Canton promotes equal opportunities for citizens. [2]

4 The State pursues its objectives in compliance with the principle of subsidiarity. [3]

[1] Amendment to Art. 4 para. 1 approved by popular vote on 25.9.2016: 56,416 votes in favour, 38,073 votes against, in force since 1.4.2018 - BU 2018, 81.

[2] Amendment to Art. 4 para. 3 approved by popular vote on 5.6.2011: 40,027 votes in favour, 13,386 votes against, in force since 28.6.2011 - BU 2011, 345.

[3] Introduction of Art. 4 para. 4 approved by popular vote on 9.2.2020: 41,284 votes in favour, 36,546 votes against, in force since 28.2.2020 - BU 2020, 63.

The capital of the Canton is Bellinzona, where the Grand Council and the Council of State are located.

1 The right to life is inherent in the human person and must be protected.

2 Human dignity is inviolable.

3 The death penalty, torture, and inhuman or degrading treatments are prohibited.

1 No one shall suffer disadvantage or benefit from privilege due to origin, race, social status, religious, philosophical, or political conviction, or state of health.

2 Women and men are equal before the law.

3 For work of equal value, women and men shall receive equal pay.

4 In the Constitution, in laws, and in the activity of the State, words referring to man in general are understood to include both women and men.

1 Everyone has the right to express their personality.

2 In particular, the following are guaranteed

a) personal liberty, physical and moral integrity;

b) freedom of conscience and religion;

c) freedom of opinion, information, and the press;

d) the protection of the private sphere and personal data and the right of everyone to consult any collection of official or private data concerning them, to request its rectification if erroneous, and to demand protection against its abusive use;

e) freedom of association, assembly, and public demonstration;

f) the right to strike and to lock out if they relate to employment relationships and do not conflict with commitments to preserve labor peace or to conduct conciliation negotiations;

g) freedom of domicile;

h) property;

i) economic activity within the limits of the general interest;

l) the right to petition the authorities and to receive a response within a reasonable time;

m) the freedom of parents to choose schools for their children other than those established by public authorities, provided they conform to the fundamental requirements stipulated by the State regarding education, and to provide for their religious and moral education according to their own convictions.

3 Individual rights, while safeguarding their essence, may be limited by law, in compliance with the principle of proportionality, only if a predominant public interest so requires.

4 In the expression of ideal liberties, prior censorship is prohibited.

1 Personal liberty, domicile, and the secrecy of all communications are inviolable.

2 No one may be stopped, arrested, searched, detained for security reasons, or have their personal liberty limited in any way, except in the cases and according to the forms prescribed by law.

3 Anyone affected by a measure depriving them of personal liberty based on a criminal accusation must be heard by a magistrate within the day following the measure, has the right to be assisted by legal counsel, and to appeal to a court.

[4] 1 No person may dissimulate or conceal their face in public streets and places open to the public (with the exception of places of worship) or intended for providing a public service.

2 No person may compel another person to dissimulate their face by reason of their sex.

3 Exceptions to the first paragraph and sanctions shall be established by law.

[4] Introduction of Art. 9a by popular vote on 22.9.2013: votes in favour 63,494, votes against 32,777, in force since 1.7.2016 - BU 2016, 193.

1. No one may be deprived of their right to be heard by the judge established by law. Exceptional courts are prohibited.

2. Everyone may take legal action to protect their rights; the right to defence is inviolable.

3. Everyone has the right to legal aid, free of charge for those of limited means, and to obtain a decision within a reasonable time.

4. The Canton shall be liable for material and moral damages resulting from the unjust deprivation of personal liberty.

1 Communal and cantonal citizenship are granted under the conditions and in the manner prescribed by law.

2 The acquisition of citizenship must be facilitated, in particular, for those who have resided in the Canton since birth.

Everyone is bound to fulfill the duties provided for by the Constitution and the laws, to respect the rights of others, and to safeguard the right to self-determination of future generations.

1 Every person in need has the right to housing, to the means necessary for leading an existence conforming to the requirements of human dignity, and to essential medical care.

2 Every child has the right to be protected, assisted, and guided. They also have the right to free schooling that corresponds to their aptitudes.

3 Every person has the right to a minimum wage that assures them a dignified standard of living. If a minimum wage is not guaranteed by a collective labor agreement (of general applicability or with a mandatory minimum wage), it is established by the State Council and corresponds to a percentage of the national median wage for the relevant task and economic sector. [5]

[5] Amendment to Art. 13 para. 3 approved by popular vote on 14.6.2015: votes in favor 50,419, votes against 41,775, in force since 1.9.2015 - BU 2015, 447.

[6] 1 The Canton and the Municipalities shall take into account the specific needs of persons with disabilities and their families.

2 They shall adopt the necessary measures to ensure their autonomy and to foster their social, educational, professional, political, sport, and cultural inclusion, as well as their development within the family.

3 In their dealings with the Canton, the Municipalities, and other public law corporations and institutions, persons with disabilities have the right to obtain information and to communicate in a form adapted to their needs and abilities.

4 Persons with hearing disabilities, deafblind persons, or persons with speech disorders have the right to use Italian Sign Language in their dealings with the administrations and services of the Canton, the Municipalities, and other public law corporations and institutions.

5 Italian Sign Language is recognized.

[6] Introduction of Art. 13a approved by popular vote on 30.10.2022: votes in favour 65,565, votes against 10,476, in force from 1.1.2023 - BU 2022, 298.

[7] 1 The Canton shall ensure that

a) everyone can meet their needs through work performed under adequate conditions and be protected from the consequences of involuntary unemployment and be able to benefit from paid holidays; [8]

b) in the labour market, preference is given, for equal professional qualifications, to those who live in its territory over those who come from abroad (implementation of the principle of preference for Swiss citizens);

c) no foreign State hinders the access of Swiss natural or legal persons to its domestic market in a manner contrary to the spirit of international treaties concluded with the Confederation;

d) everyone can find adequate housing under economically sustainable conditions;

e) women can benefit from the necessary economic security before and after childbirth;

f) children can enjoy adequate development conditions and families are supported in fulfilling their tasks;

g) the aspirations and needs of young people are taken into consideration;

h) everyone can benefit from adequate education and training and can develop themselves in accordance with their desires and aptitudes;

i) employment is promoted and everyone can freely choose their profession;

j) no citizen within its territory is dismissed as a result of a discriminatory decision to replace indigenous labour with foreign labour (replacement effect) or has to accept significant salary reductions due to the indiscriminate influx of foreign labour (wage dumping);

k) a healthy professional complementarity between Swiss and foreign workers is promoted;

l) every person in need of assistance due to age, infirmity, illness, or disability can receive the necessary care and benefit from sufficient support;

m) the natural environment is protected from harmful and detrimental effects and preserved for future generations.

n) the principle of food sovereignty is respected with regard to accessibility to food for a varied diet, the sustainable use of land, and the right of citizens to be able to decide on their own food and production system. [9]

2 The Canton facilitates information and ensures its pluralism, and promotes artistic expression and scientific research.

[7] Amendment to Art. 14 para. 1 approved by popular vote on 25.9.2016: 56'416 votes in favour, 38'073 votes against, in force since 1.4.2018 - BU 2018, 81.

[8] Amendment to Art. 14 let. a approved by popular vote on 14.6.2015: 50'419 votes in favour, 41'775 votes against, in force since 1.9.2015 - BU 2015, 447.

[9] Amendment to Art. 14 para. 1 let. n approved by popular vote on 13.6.2021: 61'766 votes in favour, 37'630 votes against, in force since 1.10.2021 - BU 2021, 253.

[10] 1 Public duties are carried out by the Canton, by the Municipalities, and by other corporations and institutions of public law in the manner established by the Constitution and by law.

2 The Canton promotes collaboration and solidarity among the Municipalities and fosters balanced development among the various regions.

3 In the performance of public duties, the Canton and the Municipalities jointly contribute to ensure that the population is guaranteed an adequate provision of public services, particularly in matters of educational facilities and social and healthcare services.

[10] Amendment to Art. 15 para. 3 approved by popular vote of 24.9.2017: votes in favour 63'991, votes against 25'959, in force since 1.11.2017 - BU 2017, 341.

1 The Municipality is a public law entity. Its existence is guaranteed.

**2 It is autonomous within the limits of the Constitution and the laws.**

**3 At the local level, it carries out general public tasks that the law does not attribute to either the Confederation or the Canton.**

1 The Municipality has as its organs the Communal Assembly and the Municipal Council; it may establish the Communal Council according to the norms provided by law.

2 The Communal Assembly is constituted by those entitled to vote in communal matters.

3 The Municipal Council is the organ that administers and represents the Municipality.

4 The right of initiative and referendum is guaranteed where a Communal Council exists.

1 The members of the Municipal Council and the Communal Council are elected by proportional representation for a four-year term.

2 The Municipal Council is composed of at least three members, including the Mayor who presides over it.

1. To carry out specific activities of public interest, Municipalities may unite in public law associations endowed with legal personality or collaborate in any other organizational form of a public, mixed, or private nature.

2. The Council of State may establish consortia of Municipalities in the cases and within the limits provided by law.

3. The consortium of Municipalities is a public law entity established for the exercise of activities of public interest with a statute approved by the Municipalities and the Council of State.

[11] 1 Municipalities may not merge with other Municipalities or divide without the consent of their citizens and the approval of the Grand Council.

2 The Canton promotes the merger of Municipalities.

3 The Grand Council may decide on the merger and separation of Municipalities, under the conditions provided for by law.

4 Boundary rectifications and minor territorial transfers are agreed directly by the Municipalities, subject to ratification by the Council of State.

[11] Amendment of Art. 20 para. 1, 3 and 4 approved by popular vote on 25.9.2005: 56,691 votes in favour, 18,688 votes against, in force from 4.11.2005 - BU 2005, 363.

1 The Canton is divided into eight districts: Mendrisio, Lugano, Locarno, Vallemaggia, Bellinzona, Riviera, Blenio, and Leventina.

2 The law determines their extent and duties, taking into account the territory, population, and administrative and judicial decentralization.

1 The Patriciate is a public law entity, owner of assets for common use. It is autonomous within the limits set by law.

2 The Canton promotes the collaboration of the Patriciate with the Municipalities and with other entities for the rational utilization of patrizial assets in the common interest.

1. Municipalities, municipal consortia, Patricianates, and other public law entities are subject to the supervision of the Canton. The law regulates the modalities and limits thereof.

1 The Roman Catholic Apostolic Church and the Reformed Evangelical Church have the status of public law entities and organize themselves freely.

2 The law may grant the status of public law entities to other religious communities.

The Canton recognizes the public function of political parties and promotes their activity.

The Canton recognizes the social function of trade unions and economic and professional organizations and promotes their activities.

1 Every Swiss citizen domiciled in the Canton acquires political rights upon reaching the age of eighteen, in accordance with the Constitution and the relevant laws.

2 Excluded from political rights are those interdicted due to mental illness or weakness and who are incapable of discernment.

[12] 1 The right to vote is the right to participate in cantonal and communal votes and elections.

2 It includes the right to sign demands for initiatives, referendums, recall of the Council of State, and recall of the Municipal Council.

3 The right to vote shall be exercised in the Municipality of domicile, except for exceptions established by law.

[12] Amendment of Art. 28 para. 2 approved by popular vote of 7.3.2010: votes in favour 47'602, votes against 33'772, in force since 4.2.2011 - BU 2011, 93.

1 A person who has the right to vote at the federal level is eligible to be a member of a cantonal authority.

2 A person domiciled in the municipality is eligible to be a member of a municipal authority.

3 Grounds for exclusion are established by law.

4 The law specifies the period within which an elected person not domiciled in the canton must take up domicile there.

[13] 1 A citizen sentenced to imprisonment or a monetary penalty for crimes or offenses contrary to the dignity of the office is ineligible for election to the office of member of the Grand Council, the State Council, and member and substitute of the Municipal Council.

2 Anyone who is in a state of ineligibility shall be dismissed from office.

5. Ticinese abroad [14]

[13] Introduction of Art. 29a approved by popular vote on 9.2.2014: 101,114 votes in favor, 11,775 votes against, effective from 1.3.2015 - BU 2015, 555.

[14] Amendment of the marginal note approved by popular vote on 9.2.2014: 101,114 votes in favor, 11,775 votes against, effective from 1.3.2015 - BU 2015, 555.

The law defines the cases in which a Ticinese citizen abroad acquires political rights and establishes their exercise. [15]

[15] Amendment to Art. 30 approved by popular vote on 10.2.2019: 50,231 votes in favour, 16,140 votes against; in force since 15.3.2019 - BU 2019, 88.

1 The secrecy of the vote is inviolable.

2 The law shall provide for measures to prevent control, in order to guarantee the liberty of the citizen.

Participation in votes and elections is a civic duty.

1 Every person elected by the people to a public office has the duty to accept it.

2 The law may make acceptance mandatory.

1 The authorities shall inform citizens about the subjects of votes.

2 The exercise of the right to vote must be facilitated.

[17] 1 The financial management of the State shall be governed by the principles of legality, parsimony, and cost-effectiveness; public finances must be balanced in the medium term, taking into account economic developments.

2 Before undertaking a new task, the Canton shall examine its financial feasibility and the methods of financing it.

3 Each task must be periodically evaluated to verify whether it is still necessary and useful and whether the financial burden it entails is bearable.

[17] Introduction of Arts. 34 bis and 34 ter approved by popular vote on 18.5.2014: votes in favour 59,292, votes against 48,373, in force since 1.7.2014 - BU 2014, 309.

[18] 1 In principle, the budget and the financial statement for current operations must be presented in equilibrium.

2 Taking into account the economic situation and any exceptional financial needs, deficits may be budgeted within the limits defined by law.

3 The limits defined by law must be respected through expenditure containment measures, revenue increases, or adjustment of the cantonal tax coefficient.

4 Any deficits in the current operations account in the financial statement shall be offset by surpluses previously realized; if this is not possible, they must be recovered within the terms indicated by law.

5 The Canton shall promptly adopt the necessary measures to ensure compliance with the principle of financial equilibrium.

6 To decide on the increase of the cantonal tax coefficient, a qualified majority of at least 2/3 of the voters in the Grand Council is required.

[18] Introduction of Articles 34a and 34b approved by popular vote on 18.5.2014: votes in favor 59,292, votes against 48,373, in force since 1.7.2014 - BU 2014, 309.

1 They are elected by the people in a single constituency comprising the entire Canton

a) the Constituent Assembly;

b) the Grand Council;

c) the Council of State;

d) the deputies to the Council of States;

e) the deputies to the National Council.

2 The justice of the peace is elected by the people in the electoral district corresponding to their jurisdiction; a citizen sentenced to imprisonment or a monetary penalty for crimes or offenses contrary to the dignity of the office is ineligible. [20]

3 They are elected by the people in the Municipality

a) the Municipal Council;

b) the Municipal Executive;

c) the Mayor.

[20] Amendment to Art. 35 para. 2 approved by popular vote on 9.2.2014: 101,114 votes in favour, 11,775 votes against, in force since 1.3.2015 - BU 2015, 555.

[21] 1 The Grand Council elects

a) the judges of the Court of Appeal;

b) the President of the Examining Magistrates and the Examining Magistrates;

c) the Attorney General and the Public Prosecutors;

d) the Cantonal Magistrates (Pretori);

e) the Presidents and members of the expropriation tribunals;

f) the Juvenile Court Magistrate;

g) the members of the Judicial Council within its competence;

h) the cantonal jurors.

2 For the functions provided for in para. 1, letters a) to f), election takes place after a competitive examination and after a Commission of independent experts, appointed by the Grand Council, has examined and given its opinion on new candidacies.

[21] Amendment to Art. 36 para. 1 lit. h) approved by popular vote on 25.9.2005: votes in favour 59,745, votes against 14,775, in force since 4.11.2005 - BU 2005, 363.

1 Seven thousand citizens eligible to vote may, at any time, submit to the Grand Council a request for a legislative initiative.

2 With the initiative request, the Grand Council may be proposed the acceptance, drafting, amendment, or repeal of a law or a legislative decree.

3 The collection of signatures must take place within one hundred days from the date of publication of the initiative request in the Official Gazette. [22]

[22] Amendment to Art. 37 para. 3 approved by popular vote on 10.2.2019: 52,722 votes in favor, 14,030 votes against; in force since 15.3.2019 - BU 2019, 86.

If the required number of signatures is reached, the Grand Council preliminarily examines the admissibility of the initiative request, verifying its conformity with higher law, the unity of form and subject matter, and its implementability within one year from the publication of the result of the request in the Official Gazette.

1 An initiative petition may be submitted in an elaborated or a generic form.

2 In the latter case, the Grand Council is obliged to elaborate the draft in the sense of the petition. [23]

2bis In both cases, if the petition is not approved by the Grand Council, the draft is submitted to a popular vote. [24]

3 The Grand Council may simultaneously submit a counter-proposal on the same matter. In any case, the initiative may be withdrawn.

[23] Amendment to Art. 39 para. 2 approved by popular vote of 10.2.2019: votes in favour 47'630, votes against 17'297; in force since 1.4.2019 - BU 2019, 85.

[24] Introduction of Art. 39 para. 2 bis approved by popular vote of 10.2.2019: votes in favour 47'630, votes against 17'297; in force since 1.4.2019 - BU 2019, 85.

If the Grand Council opposes a popular initiative with a project of its own, the citizens entitled to vote must decide, in a single vote, whether they prefer the initiative or the counter-project to existing law; they also have the faculty to accept or reject both proposals and to express their preference in the event that both the initiative and the counter-project are accepted.

1 One-fifth of the Municipalities may, at any time, submit to the Grand Council a demand for a legislative initiative.

2 The provisions relating to popular initiative shall apply to the form of the demand and the voting procedure.

[25] The following are subject to popular vote if requested within sixty days of publication in the Official Gazette by at least seven thousand citizens entitled to vote or by one-fifth of the Municipalities

a) laws and legislative decrees of a generally binding nature;

b) acts that entail a single expenditure exceeding CHF 1,000,000.– or an annual expenditure exceeding CHF 250,000.– for at least four years;

c) acts of accession to a public law convention of a legislative nature.

[25] Amendment of Art. 42 approved by popular vote on 10.2.2019: votes in favour 52,722, votes against 14,030; in force since 15.3.2019 - BU 2019, 86.

[26] 1 Immediately following the final vote on an act involving a single expenditure exceeding CHF 30,000,000.- or an annual expenditure exceeding CHF 6,000,000.- for at least four years, the Grand Council, with one-third of those present voting in favour and with a minimum of 25 deputies, shall vote on the compulsory referendability of the expenditure.

2 The law shall regulate the modalities thereof.

[26] Introduction of Art. 42a approved by popular vote on 26.9.2021: votes in favour 46,905, votes against 43,547, in force since 18.2.2022 - BU 2022, 40.

1 Laws and legislative decrees of a generally binding nature, deemed urgent, enter into force immediately if decided by the majority of the members of the Grand Council.

2 The urgent act loses its validity one year after its entry into force and cannot be renewed as an urgent measure.

1 Fifteen thousand citizens entitled to vote may submit a request for the recall of the State Council to the Grand Council.

2 The request for recall may not be submitted before one year has passed nor after three years have passed since the full election.

3 The collection of signatures must take place within sixty days from the date of publication of the request for recall in the Official Gazette.

[27] 1 Citizens of the Municipality entitled to vote may submit to the Council of State an application for the recall of the Municipal Council.

2 The application for recall cannot be filed in either the first or the last year of the legislative period.

3 The application for the recall of the Municipal Council must gather the support of at least 30 percent of the citizens entitled to vote, within sixty days from its publication in the municipal register.

[27] Introduction of Art. 44a approved by popular vote on 7.3.2010: votes in favor 47'602, votes against 33'772, in force since 4.2.2011 - BU 2011, 93.

[28] The law establishes the implementing provisions regarding votes and elections, initiatives, referendums, recall of the State Council, and recall of the Municipal Council.

[28] Amendment of Art. 45 approved by popular vote on 7.3.2010: votes in favour 47,602, votes against 33,772, in force since 4.2.2011 – BU 2011, 93.

[29] 1 Votes on initiatives, referendums, and the recall of the Council of State must take place within sixty days of the publication of the result of the request in the Official Gazette, or, respectively, from the conclusion of the deliberations of the Grand Council.

2 The popular vote must in any case take place at the latest within two years of the publication of the result of the initiative request in the Official Gazette.

3 The vote on the recall of the Municipal Council must take place within sixty days of the publication of the result of the request on the communal notice board.

[29] Introduction of Art. 46 para. 3 approved by popular vote on 7.3.2010: votes in favour 47'602, votes against 33'772, in force since 4.2.2011 - BU 2011, 93.

1 The Canton participates with solidary commitment in the realization of the common interests of the Confederation and the Cantons.

2 To this end, the Council of State fosters relations with the Ticinese deputies to the Federal Chambers.

1 The members of the Council of States are elected every four years concurrently with the members of the National Council, by an absolute majority in the first round.

2 A citizen sentenced to a custodial sentence or a monetary penalty for crimes or offenses contrary to the dignity of the office is ineligible. [30]

Cross-border cooperation and the principle of minimum standard [31]

[30] Introduction of Art. 48 para. 2 approved by popular vote on 9.2.2014: votes in favour 101'114, votes against 11'775, in force since 1.3.2015 - FF 2015, 555.

[31] Amendment of the marginal note approved by popular vote on 25.9.2016: votes in favour 56'416, votes against 38'073, in force since 1.4.2018 - FF 2018, 81.

1 The Canton shall facilitate and promote cross-border cooperation.

2 Should the foreign state restrict, through internal regulations or disincentivizing implementation systems, the execution within its territory of international treaties concluded with the Confederation, the Canton shall apply the same minimum standards, observing the criterion of reciprocity in implementation. [32]

Mandate to authorities and fight against wage dumping [33]

[32] Amendment to Art. 49 para. 2 approved by popular vote on 25.9.2016: votes in favour 56'416, votes against 38'073, in force since 1.4.2018 - BU 2018, 81.

[33] Amendment to the marginal note approved by popular vote on 25.9.2016: votes in favour 56'416, votes against 38'073, in force since 1.4.2018 - BU 2018, 81.

1 In relations with the Confederation, with other Cantons, and with neighboring countries, the authorities must promote and safeguard the identity, autonomy, social objectives, and economic interest of the Canton.

2 In relations with neighboring countries, the authorities shall regulate the labor market based on the needs of those residing in the Canton, promoting healthy professional complementarity between Swiss and foreign workers, avoiding the replacement of indigenous labor with foreign labor (replacement effect) and the downward spiral of wages (wage dumping). [34]

[34] Amendment to Art. 50 para. 2 approved by popular vote on 25.9.2016: 56,416 votes in favor, 38,073 votes against, in force since 1.4.2018 - BU 2018, 81.

The authority, as it is not reserved to the people, is exercised by the three powers, distinct and separate from each other: the Legislative, the Executive, and the Judiciary.

The election of the Grand Council and the Council of State takes place simultaneously every four years, in the month of April, on the day established by the Council of State.

The law regulates the organization of the three powers and the relations between the Grand Council and the Council of State.

1 No one may simultaneously be a State Councillor, a deputy to the Grand Council, or a magistrate of the cantonal or federal judiciary. [35]

2 State Councillors and magistrates of the judiciary may not simultaneously be members of the Council of States or the National Council, nor members of a Municipal Council (Municipio). State Councillors may also not be members of a Communal Council.

3 The office of deputy to the Grand Council is incompatible with a salaried cantonal public employment; the law regulates exceptions.

4 The law regulates incompatibilities based on kinship, mandate, or profession for members of authorities.

[35] Amendment to Art. 54 para. 1 approved by popular vote on 23.9.2012: 56,830 votes in favor, 22,474 votes against, effective from 1.1.2013 - BU 2012, 487.

1 Every member of an authority must recuse themselves from their office if their independence or impartiality is compromised.

2 The law governs the grounds for exclusion and recusal.

Every authority shall provide adequate information about its activities. Overriding public or private interests must not be prejudiced.

1 The Grand Council of ninety members is the legislative authority of the Canton.

2 It exercises high supervision over the Council of State and the courts, and exercises the attributes of sovereignty that the Constitution does not explicitly reserve to another authority.

1 The Grand Council is elected in a single constituency with the proportional representation system, with the faculty for parties to guarantee regional representation.

2 The law regulates its modalities.

[36] 1 The Grand Council

a) establishes its organization and the procedures for discussions and decisions;

b) verifies the credentials of its members;

c) adopts, amends, or rejects bills and draft legislative decrees;

d) authorizes the collection of taxes and expenditures;

e) decides on programs assigned to it by law, examines those elaborated by the Council of State, and verifies their implementation;

f) establishes, upon proposal of the Council of State, the Cantonal budget of revenues and expenditures;

g) annually examines the administration and accounts of the Canton based on the report of the Council of State and approves them;

h) holds the Council of State accountable for the execution of laws, decrees, and regulations;

i) authorizes or ratifies the alienation and concession of cantonal assets, unless the law assigns these to the Council of State;

l) fixes the remuneration for magistrates and employees;

m) makes appointments attributed to it by the Constitution and laws;

n) dismisses from office any member of the Grand Council or the Council of State who is in a state of ineligibility; [37]

o) exercises the right of amnesty and pardon;

p) exercises the jurisdictional tasks assigned to it by law;

q) approves public law conventions of a legislative nature and those entailing expenditures subject to referendum;

r) exercises the rights of initiative and referendum that the Federal Constitution attributes to the Canton.

2 Each member of the Grand Council has the right of initiative regarding partial revision of the Constitution and legislative matters.

[36] Amendment of Art. 59 para. 1 lit. r) approved by popular vote of 25.9.2005: 58'456 votes in favour, 15'731 votes against, in force since 4.11.2005 - BU 2005, 363.

[37] Amendment of Art. 59 para. 1 lit. n) approved by popular vote of 9.2.2014: 101'114 votes in favour, 11'775 votes against, in force since 1.3.2015 - BU 2015, 555.

1 The Grand Council is convened by the Council of State for its constitutive session within thirty days from the date of election.

2 The President convenes the Grand Council when the regular performance of its functions so requires, and when requested by the Council of State or by at least thirty deputies.

The Grand Council appoints in May the president, who holds office for one year and is not immediately re-electable.

1 The Grand Council can discuss and make decisions only if an absolute majority of its members is present.

2 To decide on the removal from office of a member of the State Council, an absolute majority of the Grand Council's members is required.

The sittings of the Grand Council are public.

1. If the Council of State has not given its assent to the law or legislative decree, the Grand Council proceeds to a second deliberation.

2. The Council of State has the faculty to present its observations within a maximum period of three months.

1 The five-member Council of State is the governmental and executive authority of the Canton.

2 It collegially manages cantonal affairs based on the powers provided by the Constitution and laws.

1 The Council of State is elected in a single constituency with the proportional system.

2 The distribution of seats among the groups is carried out based on the quotient resulting from the division of the sum of valid votes obtained by the individual groups by the number of seats to be assigned plus one.

3 Each group is assigned as many seats as the quotient is contained in the total of its votes.

4 The remaining seats are distributed by dividing the number of votes obtained by each group by the number of seats already assigned to it plus one, provided that

a) the group that obtains the highest quotient is assigned an additional seat;

b) the operation is repeated until all seats have been distributed.

5 The law regulates the modalities of the election in the event of a vacancy during the administrative period, particularly if a group does not propose a substitute when the list of candidates is exhausted.

… [38]

[38] Repeal of Art. 67 approved by popular vote on 9.2.2014: 101,114 votes in favor, 11,775 votes against, in force since 1.3.2015 - BU 2015, 555.

The sessions of the Council of State are not public, except in cases provided by law.

1 The Council of State annually appoints a president and a vice-president from among its members, who are not immediately eligible for re-election.

2 For every decision of the Council of State, an absolute majority of its members is required; for every revocation, suspension, or amendment of individual and concrete acts, the unanimous vote of at least four members is required.

3 The State Councillors may not abstain from voting.

4 The Council of State organizes and carries out its activities through Departments and other subordinate bodies.

5 The law regulates the right of appeal against the decisions of the Council of State, the Departments, and other subordinate bodies.

The Council of State, reserving the rights of the people and the Grand Council

a) plans the activities of the Canton and ensures the implementation of its programs;

b) ensures the execution of federal and cantonal laws and the decisions of the Grand Council; issues the necessary norms through executive decrees, regulations, resolutions, or other provisions;

c) administers the finances and assets of the Canton and annually presents the final accounts and budgets;

d) directs the cantonal administration and reports thereon annually to the Grand Council;

e) appoints employees and persons charged with a public cantonal function, unless otherwise provided by the Constitution or law;

f) supervises the authorities of the Municipalities and other public entities and coordinates their activities within the limits set by law;

g) ensures public order;

h) represents the Canton vis-à-vis the Confederation, other Cantons, and any other authority;

i) responds to consultations promoted by the Confederation and may submit matters of particular importance to the Grand Council.

1 The Council of State has the initiative to amend the Constitution and to present bills and legislative decrees.

**2 It may make use of experts or special commissions and consult the Municipalities, political parties and other organizations. Anyone may submit observations.**

**3 It is the prerogative of the Council of State to withdraw one of its projects before the final acceptance by the Grand Council.**

The State Council attends the sittings of the Grand Council in full or by delegation.

1 The courts exercise judicial power.

2 They decide independently and are bound by the law; they may not apply cantonal norms that are contrary to federal law or the cantonal Constitution.

The courts have jurisdiction in civil, criminal, and administrative matters. A court may be assigned multiple jurisdictions.

1 Civil jurisdiction is exercised

a) by the Justices of the Peace;

b) by the Pretors;

c) by the Court of Appeal.

2 Disputes concerning commercial law, labour law, and tenancy law may be assigned by law to other tribunals.

1 Criminal jurisdiction is exercised

a) by the Criminal Court of First Instance;

b) by the Criminal Court of Second Instance;

c) by the Juvenile Magistrate.

2 The law governs the participation of jurors.

3 The law may attribute competence for first instance decisions to judicial magistrates and other judicial authorities, and competence in matters of fines to administrative authorities.

1 Administrative jurisdiction is exercised by

a) the Administrative Court;

b) the Insurance Court;

c) the Tax Court;

d) the Expropriation Court;

e) … [39]

2 First instance decisions may be entrusted to administrative authorities.

3 The law establishes the authority that decides conflicts of jurisdiction in matters of administrative law.

[39] Abrogation of Art. 77 lit. e) approved by popular vote of 25.9.2005: 59,767 votes in favour, 14,452 votes against, in force since 14.7.2006 - BU 2006, 215.

The law entrusts magistrates with the task of conducting judicial investigations and representing the public prosecution.

1 Supervision over magistrates is exercised by the Council of the Judiciary, which reports thereon to the Grand Council.

2 It is composed of seven members: four elected by the Grand Council and three by the assembly of full-time magistrates, according to the procedures established by law.

The law establishes the judicial organization, jurisdiction, procedures, professional training requirements, and maximum age for judges.

[40] 1 The term of appointment for magistrates is ten years.

2 Justices of the peace are elected by the majority system in single-member districts and by the proportional system in other cases.

3 The law regulates appointments falling within the competence of the Grand Council.

[40] The transitional provision relating to this article, approved by popular vote on 1.6.2008: votes in favour 68,127, votes against 23,108, expired on 1.1.2011 - BU 2008, 327.

1 The Constitution may be amended at any time, totally or partially.

2 Drafts for a total revision proposed by the Council of State and the Grand Council may contain a maximum of two variants for individual matters. [41]

3 Every revision of the Constitution must be approved by popular vote.

[41] Amendment to Art. 82 para. 2 approved by popular vote on 10.2.2019: 57,531 votes in favour, 8,145 votes against, in force since 15.3.2019 - BU 2019, 87.

1 Total revision of the Constitution may be proposed

a) by the Council of State;

b) by the Grand Council, with the vote of the majority of its members;

c) by at least ten thousand citizens entitled to vote.

2 The collection of signatures must take place within one hundred days from the date of publication of the request for the initiative in the Official Gazette. [42]

[42] Amendment of Art. 83 para. 2 approved by popular vote on 10.2.2019: votes in favor 52,722, votes against 14,030; in force since 15.3.2019 - BU 2019, 86.

[43] 1 When the proposal originates from a popular initiative or the Grand Council, citizens entitled to vote must first decide, in a single ballot, whether they desire a total revision and whether the project should be drafted by the Grand Council or by the Constituent Assembly.

2 A popular initiative for total revision may be withdrawn until the preliminary vote takes place.

3 The Constituent Assembly shall be elected within six months, in the manner established for the appointment of the Grand Council, with an equal number of deputies, and shall remain in office for a maximum of five years.

4 The Council of State and the Grand Council shall apply the procedure foreseen for cantonal legislation.

[43] Amendment to Art. 84 para. 3 approved by popular vote on 25.9.2005: votes in favor 59,151, votes against 14,847, in force since 4.11.2005 - BU 2005, 363.

1 Partial revisions of the Constitution initiated by the Council of State or the Grand Council shall take place according to the procedure laid down for cantonal legislation.

2 A partial revision of the Constitution may be requested by at least ten thousand citizens entitled to vote, according to the procedure established by law.

3 A partial revision must be limited to a single normative field; it may include multiple provisions.

4 The collection of signatures must take place within one hundred days from the date of publication of the initiative request in the Official Gazette. [45]

[45] Amendment to Art. 85 para. 4 approved by popular vote on 10.2.2019: 52,722 votes in favour, 14,030 votes against; in force since 15.3.2019 - BU 2019, 86.

If the required number of signatures is reached, the Grand Council preliminarily examines the admissibility of the initiative request, verifying its conformity with higher law, the unity of form and subject matter, and its implementability within one year from the publication of the result of the request in the Official Gazette.

1 A popular initiative petition may be submitted in elaborate or general form.

**2 In the first case, the petition is put to a popular vote; the Grand Council may simultaneously submit a counter-proposal on the same matter.**

**3 In the second case, the Grand Council is obliged to draft a bill, in the sense of the petition, to be submitted to a popular vote; it may submit a counter-proposal on the same matter.**

**4 The initiative for a partial revision may be withdrawn.**

If the Grand Council opposes a popular initiative for partial revision with its own counter-project, citizens entitled to vote must decide, in a single ballot, whether they prefer the initiative or the counter-project over the current law; they also have the faculty to accept or reject both proposals and to express their preference in the event that both the initiative and the counter-project are accepted.

[46] 1 In the case of a total revision, the designated authority must prepare the draft within five years of the publication of the results of the preliminary vote in the Official Gazette.

2 In the case of a partial revision, the Grand Council must conclude its deliberations within 18 months of the publication of the result of the popular initiative request in the Official Gazette or the submission of the corresponding message from the State Council.

[46] Amendment to Art. 89 para. 2 approved by popular vote on 25.9.2005: votes in favour 59,453, votes against 14,419, in force since 4.11.2005 - BU 2005, 363.

1 Preliminary voting on the initiative for the total revision of the Constitution must take place within sixty days from the publication of the result of the demand in the Official Gazette.

2 Other votes regarding constitutional initiatives must take place within sixty days from the conclusion of the deliberations of the Grand Council or the Constituent Assembly.

3 Voting on the initiative for the partial revision must in any case take place no later than two years from the publication of the result of the demand in the Official Gazette.

1 The Constitution shall come into force on the first day of January of the year following its approval by the people. [47]

2 From this date, the Constitution of the Republic and Canton of Ticino of 4 July 1830, reorganized on 29 October 1967, is repealed.

[47] The Secretariat of the Grand Council, having regard to the regulation on delegations of 24 August 1994; having regard to the outcome of the popular vote of 14 December 1997,

1. Existing law retains its validity. Norms that are materially contrary to the Constitution shall lapse.

2. Norms adopted according to a procedure no longer provided for by the Constitution remain in force. Their modification shall be subject to the new procedure.

1 The adaptation of the law to the Constitution shall take place within five years from its entry into force.

2 Within one year of the entry into force of the Constitution, the Council of State shall inform the Grand Council with a report on the necessary legislative amendments. The Grand Council shall discuss it.

Initiatives filed and referendums promoted against laws and legislative decrees approved before the entry into force of the Constitution are regulated by the old law.

[48] Old law governs the term of office of authorities and magistrates as well as their replacement until the expiry of the election or appointment period.

[48] The transitional provision relating to this article, approved by popular vote on 1.6.2008: votes in favour 68'127, votes against 23'108, lapsed on 1.1.2011 - BU 2008, 327.

[49] Article 9a comes into force simultaneously with the new implementing law.

Approved by cantonal popular vote of 14.12.1997: votes in favour 40'455, votes against 10'984.

Entry into force: 1st January 1998.

Published in BU 1997, 575.

[49] Introduction of Article 96 by popular vote of 22.9.2013: votes in favour 63'494, votes against 32'777, in force since 1.7.2016 - BU 2016, 193.