The 40th New York State Legislature, consisting of the New York State Senate and the New York State Assembly, met from November 5, 1816, to April 15, 1817, during the tenth year of Daniel D. Tompkins's governorship, and while John Tayler was Acting Governor, in Albany.

Under the provisions of the New York Constitution of 1777, amended by the Constitutional Convention of 1801, 32 Senators were elected on general tickets in the four senatorial districts for four-year terms. They were divided into four classes, and every year eight Senate seats came up for election. Assemblymen were elected countywide on general tickets to a one-year term, the whole Assembly being renewed annually.

In 1797, Albany was declared the State capital, and all subsequent Legislatures have been meeting there ever since. In 1799, the Legislature enacted that future Legislatures meet on the last Tuesday of January of each year unless called earlier by the governor.

On April 17, 1815, the Legislature had re-apportioned the Senate districts, to take effect in May 1815: Dutchess, Putnam and Rockland Co. (and 1 seat) were transferred from the Middle to the Southern District; Albany Co. from the Eastern, and Chenango, Otsego and Schoharie Co. from the Western (and 3 seats) were transferred to the Middle District; Herkimer, Jefferson, Lewis and St. Lawrence Co. (and 3 seats) were transferred from the Western to the Eastern District. However, the State senators already in office, and the senators elected in April 1815 under the previous apportionment, should represent the District in which they resided. When taking their seats at the next session in January 1816, in three districts there was a number of senators differing from the apportionment, which was corrected at the election in 1816.

On February 20, 1816, a caucus of Democratic-Republican legislators nominated Gov. Daniel D. Tompkins and Lt. Gov. John Tayler for re-election. The Federalists nominated U.S. Senator Rufus King for Governor; and State Senator George Tibbits for Lieutenant Governor.

At this time the politicians were divided into two opposing political parties: the Federalists and the Democratic-Republicans.

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