The 128th New York State Legislature, consisting of the New York State Senate and the New York State Assembly, met from January 4 to July 20, 1905, during the first year of Frank W. Higgins's governorship, in Albany.

Under the provisions of the New York Constitution of 1894, 50 Senators and 150 assemblymen were elected in single-seat districts; senators for a two-year term, assemblymen for a one-year term. The senatorial districts were made up of entire counties, except New York County (twelve districts), Kings County (seven districts), Erie County (three districts) and Monroe County (two districts). The Assembly districts were made up of contiguous area, all within the same county, .

At this time there were two major political parties: the Republican Party and the Democratic Party. The Social Democratic Party, the Prohibition Party, the Socialist Labor Party and the People's Party also nominated tickets.

The New York state election, 1904, was held on November 8. Lt. Gov. Frank W. Higgins was elected Governor; and Matthew Linn Bruce was elected Lieutenant Governor; both Republicans. Of the other seven statewide elective office up for election, six were carried by the Republicans, and one by a Democrat. The approximate party strength at this election, as expressed by the vote for Governor, was: Republicans 813,000; Democrats 732,000; Social Democrats 36,000; Prohibition 21,000; Socialist Labor 9,000; and People's Party 6,000.

The Legislature met for the regular session at the State Capitol in Albany on January 4, 1905; and adjourned on May 5.

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