Cantonal Law on Ticino Citizenship and Municipal Affiliation (LCCit) (LCCIT)

This Act regulates, subject to the provisions of federal law, the conditions for the acquisition and loss of

a) cantonal citizenship;

b) communal affiliation.

1 A person is a citizen of a municipality who descends from municipal citizens and who has acquired citizenship in accordance with the provisions of the law.

2 A citizen of a Ticinese municipality is a citizen of the Canton.

3 A Ticinese citizen cannot hold more than one municipal citizenship within the Canton; acquired rights and federal legislation are reserved.

4 Municipal citizenship is immutable, imprescriptible, and irrevocable, subject to the application of Articles 30, 31, and 33 of the Law on Ticinese Citizenship and Municipal Citizenship.

[1] Art. introduced by Law of 28.11.2005; in force since 1.1.2006 – BU 2006, 29.

1 The acquisition and loss of cantonal citizenship also entails the acquisition and loss of communal citizenship.

2 Communal citizenship granted to a foreigner or a confederate has no effect unless it is followed by cantonal citizenship.

3 The rules concerning the granting of honorary citizenship are reserved.

[2] The acquisition of Ticino citizenship by filiation, by change of surname of a minor child, and by change of civil status is governed by the norms of federal law.

[2] Art. modified by Law of 18.9.2017; in force since 1.1.2018 - BU 2017, 408.

[3] 1 Minor children holding Swiss citizenship may be included in the naturalization of the Swiss parent with whom they live and who becomes a citizen of Ticino.

2 Minor children over 16 years of age may be included only if they provide written consent.

[3] Art. amended by L 18.9.2017; in force since 1.1.2018 - BU 2017, 408.

[4] A child of unknown parents found in the Canton acquires the affiliation of the municipality in which he was found; The Council of State shall ascertain the affiliation.

[4] Art. amended by Law of 9.6.1997; in force since 22.7.1997 - BU 1997, 372.

[5] The loss of cantonal citizenship and communal affiliation due to a change of status, a change of surname of a minor child, or failure to notify following a birth abroad is governed by the provisions of federal law.

[5] Art. modified by L 18.9.2017; in force since 1.1.2018 - BU 2017, 408.

[6] 1 Cantonal citizenship and communal affiliation may be granted to a confederate citizen

a) if they have resided in the Canton for at least three years and in the municipality continuously for the last two years preceding the application; and

b) if they have successfully integrated into the Ticinese community.

2 Successful integration is presumed, in particular

a) from respect for public security and order;

b) from respect for the values of the Cantonal Constitution;

c) from the ability to express oneself in daily life, orally and in writing, in the Italian language; [7]

d) from participation in economic life or from the acquisition of an education; and [8]

e) from independence from social assistance for the last ten years, unless such assistance has been fully reimbursed. [9]

3 Due consideration must be given to the situation of persons who, due to disability or illness or other important personal circumstances, do not meet the integration criteria referred to in paragraph 2 letters c and d or would only meet them with great difficulty.

[6] Article amended by Law of 18.9.2017; in force since 1.1.2018 - BU 2017, 408.

[7] Letter amended by Law of 22.2.2021; in force since 1.9.2021 - BU 2021, 183.

[8] Letter amended by Law of 22.2.2021; in force since 1.9.2021 - BU 2021, 183.

[9] Letter introduced by Law of 22.2.2021; in force since 1.9.2021 - BU 2021, 183.

1 The confederate who intends to apply for cantonal citizenship and communal affiliation submits their application to the Municipal Council of their commune of residence.

2 Together with the application, the applicant over the age of sixteen must sign a declaration of allegiance to the Constitution and the laws.

[10] 1 The municipal authority, before submitting the application to the legislative body, ascertains the suitability of the candidate and of the minor members of their family included in the application, according to the principles provided for in Art. 7.

2 It must ascertain the oral and written knowledge of the Italian language, applying by analogy the provisions of federal law concerning the federal grant of naturalization. The implementing regulation specifies the details.

3 The confederate who has attended Ticino schools for at least five years is exempt from the ascertainment referred to in para. 2.

[10] Art. amended by L 18.9.2017; in force since 1.1.2018 - BU 2017, 408.

[11] 1 Once the investigations have been concluded, the municipal legislative body decides on the application for the concession of municipal affiliation. The refusal must be reasoned and based on a proposal to that effect. The implementing regulation governs the procedure.

2 The resolution to grant affiliation is taken by a majority of voters. Abstentions, those excluded due to a conflict of interest, and, in secret ballots, blank ballots are not counted.

3 In the event of a tie, the vote is immediately repeated. If the result is still a tie, the concession is deemed refused. The implementing regulation governs the continuation of the procedure.

4 If the concession of municipal affiliation is definitively refused at the conclusion of the procedure, the procedure terminates; legal remedies are reserved.

[11] Art. amended by L 18.9.2017; in force since 1.1.2018 - BU 2017, 408; previous amendment: BU 2009, 19.

[12] Once municipal affiliation has been granted, the Grand Council decides on the conferral of cantonal citizenship.

[12] Art. modified by Law of 2.12.2008; in force since 27.1.2009 - BU 2009, 19.

[13] 1 Cantonal citizenship may be granted to a foreign national

a) if they have resided in the Canton for five years;

b) if they meet the requirements for the granting of federal naturalisation authorisation;

c) if they respect the values of the Cantonal Constitution;

d) if they have been independent from social assistance for at least ten years, unless such assistance has been fully reimbursed. [14]

2 An application submitted by an applicant living in a registered partnership with a Swiss partner is admissible if they have resided in the Canton for at least three years.

3 The terms provided for in para. 2 also apply to an applicant whose partner, after the registration of the partnership, has acquired Swiss citizenship through reintegration or facilitated naturalisation based on descent from a Swiss parent.

[13] Art. amended by L 18.9.2017; in force since 1.1.2018 - BU 2017, 408; previous amendment: BU 2007, 575.

[14] Sub-para. introduced by L 22.2.2021; in force since 1.9.2021 - BU 2021, 183.

Communal affiliation may be granted by the municipality in which the applicant has resided for three years, of which the last two preceding the application have been uninterrupted.

[15] Cantonal citizenship and communal affiliation may be granted to a foreigner if they have successfully integrated into the Ticinese community and are suitable for the grant.

[15] Art. amended by Law of 18.9.2017; in force since 1.1.2018 - BU 2017, 408.

1. A foreign national intending to apply for cantonal citizenship and communal affiliation, and thereby Swiss citizenship, shall submit their application to the Municipal Council of their commune of residence.

2. Together with the application, the applicant over sixteen years of age must sign a declaration of allegiance to the Constitution and laws.

[16] 1 The communal authority verifies the admissibility of the application and, before submitting the application to the legislative body, ascertains the suitability of the applicant, proceeding with an examination aimed at providing a complete picture of their personality and that of the minor members of their family included in the application, according to the principles set forth in Art. 12.

2 It must ascertain oral and written knowledge of the Italian language, according to the principles established by federal provisions.

3 It must also ascertain that the applicant has passed, at an accredited Ticinese school, an examination regarding their knowledge of the geographical, historical, political, and social context of Switzerland and Ticino. The implementing regulation specifies the procedural details.

4 The implementing regulation defines the conditions for exemption from the examination referred to in para. 3, notably in cases where the applicant has completed an education in Ticino or to take into account the situation of persons who, due to disability or illness or other significant personal circumstances, cannot pass the integration examination or would pass it only with great difficulty.

[16] Art. modified by Law of 18.9.2017; in force since 1.1.2018 - BU 2017, 408; previous modification: BU 2009, 355.

[17] 1. After the investigations have been completed, the municipal legislature decides on the application for the grant of municipal affiliation. The refusal must be reasoned and based on a proposal to that effect. The implementing regulation governs the procedure.

2. The resolution to grant affiliation is passed by a majority of the voters. Abstentions, those excluded due to a conflict of interest, and, in secret ballots, blank ballots are not counted.

3. In the event of a tie, the vote is immediately repeated. If the result is still a tie at that point, the grant is deemed refused. The implementing regulation governs the continuation of the procedure.

4. If the grant of municipal affiliation is definitively refused at the conclusion of the procedure, the procedure terminates; legal remedies are reserved.

[17] Art. modified by Law of 18.9.2017; in force since 1.1.2018 - BU 2017, 408; previous modification: BU 2009, 19.

[18] 1 Once the municipal relevance is granted, the cantonal authority carries out the necessary investigations and, in case of a positive preliminary opinion, transmits the application to the federal authority.

2 If the conditions for a positive preliminary opinion are not met, the cantonal authority informs the applicant; Article 19 paragraph 2 remains reserved.

[18] Art. amended by Law of 18.9.2017; in force since 1.1.2018 - BU 2017, 408.

[19] 1 Once municipal affiliation is granted and federal authorization is issued, the Grand Council decides on cantonal citizenship.

2 In the absence of federal authorization or if the conditions for issuing a favorable preliminary opinion under Art. 18 are not met, the applicant may request the Council of State to issue a formal decision.

[19] Art. modified by Law of 18.9.2017; in force since 1.1.2018 - BU 2017, 408; previous modification: BU 2009, 19.

[20] For procedures related to granting communal citizenship to Swiss citizens from other cantons and to foreign nationals, the competent communal authority shall levy a fee to cover the incurred expenses.

[20] Art. amended by L 28.11.2005; in force since 1.1.2006 - BU 2006, 29.

[21] For the procedures for granting cantonal citizenship to confederates and foreigners, the competent cantonal authority shall levy a fee to cover the incurred expenses. The implementing regulation shall establish its amount.

[21] Art. amended by Law of 28.11.2005; in force since 1.1.2006 - BU 2006, 29.

[22] **Art. [Article] 1** Confederates residing in the Canton continuously for at least eight years may acquire facilitated cantonal citizenship if they have applied before reaching the age of twenty-two and are attending or have attended for at least three years the Ticino schools as defined in the implementing regulation.

**2** In the calculation of the eight years of residency, the time that the applicant has spent in Ticino between the ages of eight and eighteen is computed twice.

**3** Facilitated cantonal citizenship is granted by the Council of State.

**4** The municipality of origin, which is the one where the applicant has resided continuously during the last two years preceding the application, must be consulted; it carries out the assessment provided for in Art. 9. [23]

**5** The cantonal and municipal authorities shall each levy a fee covering all incurred costs. The implementing regulation determines the amount of the cantonal fee.

[22] Art. amended by L 18.9.2017; in force since 1.1.2018 – BU 2017, 408; previous amendment: BU 2006, 29.

[23] Subpara. amended by L 22.2.2021; in force since 1.9.2021 – BU 2021, 183.

The acquisition through simplified naturalization and the reintegration into cantonal citizenship and communal affiliation of a foreigner who has lost Swiss citizenship are governed by federal law, subject to Art. 24.

[24] 1 Foreign nationals residing in the Canton since birth and uninterruptedly for at least ten years may acquire cantonal citizenship through a simplified procedure if they apply before reaching twenty-two years of age.

2 Simplified cantonal citizenship is granted by the Council of State.

3 The commune of origin is the one in which the applicant has resided uninterruptedly during the last two years preceding the application. The Municipal Council must be heard in an advisory capacity; it carries out the assessment provided for in Art. 16.

4 The cantonal and communal authorities each levy a fee that covers all incurred expenses. The implementing regulation establishes the amount of the cantonal fee.

5 For the remainder, the eligibility conditions referred to in Art. 12 para. 1 lit. b), c), d) and Art. 14 apply. [25]

[24] Art. amended by the Law of 18.9.2017; in force since 1.1.2018 - BU 2017, 408; previous amendment: BU 2006, 29.

[25] Para. amended by the Law of 22.2.2021; in force since 1.9.2021 - BU 2021, 183.

[26] A woman who, according to federal law in force until December 31, 1987, lost her Ticinese citizenship or her maiden communal affiliation of a municipality of the Canton as a result of marriage to a citizen of another Canton or of another municipality of the Canton, may be reinstated in Ticinese citizenship and communal affiliation, or solely in communal affiliation.

[26] Art. amended by L 18.9.2017; in force since 1.1.2018 - BU 2017, 408.

[27] 1 An application for reinstatement must be submitted to the Department.

2 Reinstatement is granted by the State Council for cantonal citizenship and by the Municipality for communal affiliation.

3 The reinstatement procedure is free of charge.

[27] Art. modified by the L 18.9.2017; in force since 1.1.2018 - BU 2017, 408.

The Grand Council may grant honorary citizenship to a confederate or a foreigner who has rendered particularly meritorious service to the Canton.

1 The municipality may grant honorary citizenship to a citizen of Ticino belonging to another municipality, to a Swiss citizen, or to a foreigner who has rendered particularly meritorious service to the municipality itself.

2 In the case of a foreigner, the preliminary consent of the Council of State is required.

1 The granting of honorary citizenship is not subject to the conditions laid down by this law for the acquisition of citizenship through ordinary or facilitated procedures.

2 It is free of charge, personal, and does not confer the status of a citizen.

[28] 1. A person from Ticino who is also a citizen of another Canton may renounce Ticino citizenship and communal affiliation.

2. A person from Ticino who possesses multiple communal affiliations may renounce one or more of them, provided they retain at least one.

3. The renunciation of communal affiliation and cantonal citizenship may extend to minor children living with the applicant; however, children over sixteen years of age are not included in the renunciation unless they consent in writing.

4. For renunciation procedures, the Council of State and the Municipal Council shall levy a fee covering all incurred expenses. The implementing regulation shall establish the amount of the cantonal fee.

[28] Art. amended by L 18.9.2017; in force since 1.1.2018 - BU 2017, 408.

The release from Swiss citizenship and thereby from Ticino citizenship and communal affiliation is governed by federal law.

1 Applications for resignation and release must be submitted to the State Council.

2 The Municipal Council of the relevant Ticino municipality must express its opinion.

The revocation of Swiss citizenship, cantonal citizenship, and communal affiliation from a person who possesses another citizenship is governed by federal law.

[29] 1 The naturalization applicant is guaranteed the right to be heard.

2 The applicant may, in particular

a) provide evidence on the facts relevant to the decision, participate in their collection, and express an opinion on the outcome of their evaluation;

b) access the records pertaining to the procedures provided for by this law and concerning them;

c) express an opinion on any decision in the naturalization procedure;

d) be represented or assisted;

e) obtain a reasoned decision.

3 Access to records may be denied if an important public interest, particularly the internal or external security of the State or the interest of an ongoing investigation, so requires; in such a case, the applicant nonetheless has the right to be informed of the essential content of the records.

4 The names of persons who have provided information during the procedures provided for by this law are not disclosed when compelling grounds of personal security or other overriding contrary interests so require, subject to the rules of criminal law.

5 Once the verifications are concluded, the competent authority must notify the applicant, informing them of the right to inspect the records and to request, within fifteen days, a supplementary inquiry, indicating the reasons and means for doing so.

6 The notice of the right to inspect the records and to request a supplementary inquiry, as referred to in paragraph 5, must be reissued at each subsequent stage of the naturalization procedure that modifies the preliminary opinion, whether favorable or unfavorable to the application, of which the applicant had previously been informed.

[29] Art. amended by L 18.9.2017; in force since 1.1.2018 - BU 2017, 408.

[30] 1 For the performance of their respective legal duties, the cantonal and communal bodies responsible for the application of this law may process necessary personal data, including personality profiles and data requiring special protection concerning religious opinions, political activities, health, social assistance measures, police information, and pending and uncancelled administrative and criminal prosecutions and sanctions.

2 For the performance of the legal duties assigned to them, the bodies responsible for the application of this law may implement information systems for the management of naturalizations.

3 The following data shall be transmitted to those entitled to vote

a) citizenship;

b) length of residence;

c) fulfilment of suitability conditions, particularly concerning integration into the Ticinese community.

4 Subject to the powers of transmission, publication, and entry of data in public registers under cantonal law according to this law and its implementing regulation, the bodies referred to in paragraph 1 are subject to official secrecy.

5 For matters not provided for by this law and its respective implementing regulation, the Law on the Protection of Personal Data of 9 March 1987 is applicable.

6 The Council of State shall regulate the details, specifically

a) the categories of personal data processed;

b) rights of access, transmission, and publication of data, taking into proportionate account the circle of recipients;

c) the entry of data in public registers under cantonal law;

d) the duration of retention, archiving, and destruction of data under cantonal law;

e) technical and organizational security measures against unauthorized processing.

C. Minors [31]

[30] Article introduced by Law of 18.9.2017; in force since 1.1.2018 - BU 2017, 408.

[31] Marginal note modified by Law of 18.9.2017; in force since 1.1.2018 - BU 2017, 408.

1 The application for the grant of citizenship of a minor or the renunciation of communal affiliation or Ticinese citizenship must be signed by their legal representative; if the interested party has reached the age of sixteen, they must express their written consent.

2 … [32]

3 The provisions of the federal law are reserved for applications submitted by foreign minor applicants or those placed under guardianship, aimed at obtaining federal authorization.

[32] Para. abrogated by L 18.9.2017; in force since 1.1.2018 - BU 2017, 408.

[33] 1 Residence of a foreign national according to the law means their presence in the Canton and the municipality in accordance with the legal provisions concerning migration.

2 Residence of a Swiss citizen means their habitual abode in the Canton and the municipality in accordance with the provisions of the Civil Code pertaining to domicile.

[33] Art. amended by the Law of 18.9.2017; in force since 1.1.2018 - BU 2017, 408.

[34] 1 In individual cases, upon written and reasoned request, the administrative and judicial authorities of the Canton and the municipalities, and the authorities responsible for the application of this law, may provide each other with administrative assistance by transmitting personal data necessary for the fulfillment of their respective legal duties.

2 The cantonal authority responsible for the application of this law may also access personal data necessary for the fulfillment of its legal duties through a retrieval procedure.

3 The Council of State shall regulate the details.

[34] Art. amended by L 18.9.2017; in force since 1.1.2018 - BU 2017, 408.

[35] 1 The applicant acquires, for themselves and for the minor children included in the procedure, communal affiliation and cantonal citizenship from the day of the cantonal authority's decision.

2 The right of appeal is reserved.

[35] Art. amended by L 18.9.2017; in force since 1.1.2018 - BU 2017, 408.

The Council of State is competent

a) to notify the federal authority of the Canton's consent to the annulment of the acquisition of citizenship or of a reintegration;

b) to pronounce the annulment of the acquisition of citizenship in cases provided for by federal law;

c) to notify the federal authority of the Canton's consent in a procedure for the revocation of citizenship by virtue of federal law;

d) to decide, ex officio or upon application, in case of doubt regarding cantonal citizenship and communal affiliation.

The Department represents the Canton in the procedure for granting federal authorization. It also has the faculty to

a) formulate the Canton's preliminary opinion in ordinary, facilitated, and reintegration citizenship granting procedures activated by virtue of federal law; [36]

b) receive from the federal authority information regarding the notification of the act of release from citizenship.

[36] Lit. modified by L 18.9.2017; in force since 1.1.2018 - BU 2017, 408.

The Cantonal Council for the Canton and the Municipal Council for the municipality are entitled to appeal to the Federal Tribunal or the Federal Council, in the cases provided for by federal law.

[38] 1 An appeal against decisions of the municipal legislature may be lodged with the Council of State.

2 An appeal against decisions of the Council of State may be lodged with the Cantonal Administrative Court.

3 An appeal against decisions of the Grand Council may be lodged with the Cantonal Administrative Court.

[38] Art. amended by Law of 2.12.2008; in force since 27.1.2009 - BU 2009, 19; previous amendment: BU 1997, 211.

[40] The Council of State issues the implementing regulation for the law.

[40] Art. amended by Law 18.9.2017; in force since 1.1.2018 - BU 2017, 408; previous amendment: BU 1997, 372.

The law repeals that on the acquisition and loss of Ticino citizenship and communal affiliation of October 10, 1961.

1 The provisions of this Act apply to all applications filed after its entry into force. Applications filed previously are governed by the provisions of the previous Act, unless the present Act is more favourable; as regards the procedure, the previous Act shall in any case apply.

2 The provisions of the amendment of 18 September 2017 and those of the amendment of 22 February 2021 apply to applications filed after their respective entry into force and to those filed previously if the new law is more favourable. [41]

[41] Para. introduced by the Act of 22.2.2021; in force since 1.9.2021 - BU 2021, 183.

1 Once the deadlines for exercising the right to a referendum have expired, the law is published in the Official Bulletin of Laws and Executive Acts.

2 The Council of State establishes the date of entry into force. [42]

Published in OB 1995, 471.

[42] Entry into force: January 1, 1996 - OB 1995, 471.