Comparative law shows how the enactment of a new electoral law is derived from extreme circumstances in which political institutions are afflicted by a serious crisis. The most frequent case is the one in which a transition from an authoritarian regime to a more democratic one is taking place. In such a case, the enactment of electoral laws is necessary both to legitimize and to put the situation under control.

A distinction must be drawn between:

• The creation of electoral laws, which means to draft completely new electoral rules for a country that is facing a political change;
• The reform of electoral laws, which refers to the adaptations of an electoral legislation that do not imply a dramatic political change. The reform of electoral laws is not as far reaching as the creation of electoral laws can be. However, it can imply important changes to every electoral system, as long as basic principles such as the right to vote, the right to be voted, the existence of political parties and the thorough supervision over the elections prevent the undertaking of a major political transformation.

The difference between the creation and the reform of electoral laws is based on pragmatic reasons related to how each one of those processes is undertaken.

• Electoral reforms can be undertaken one step at a time. Political agents and electoral authorities can be taken into account in reformative process.
• The creation of electoral laws can be seen as the opposite. Frequently, the enactment of new electoral laws has to be done quickly such as in  urgent cases in which legitimacy has to be fulfilled and new governments have to be on duty.