The 91st New York State Legislature, consisting of the New York State Senate and the New York State Assembly, met from January 7 to May 6, 1868, during the fourth year of Reuben E. Fenton's governorship, in Albany.

Under the provisions of the New York Constitution of 1846, 32 Senators and 128 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 (five districts) and Kings County (two districts). The Assembly districts were made up of entire towns, or city wards, forming a contiguous area, all within the same county.

On April 25, 1866, the Legislature re-apportioned the Senate districts. The new apportionment was first used at the election of 1867.

According to the Constitution of 1846, twenty years after its elaboration the electorate was asked if they wanted a Constitutional Convention to be held, which was answered at the New York state election, 1866, in the affirmative. On April 23, 1867, the delegates to the Constitutional Convention were elected, resulting in a Republican majority. On June 4, the Constitutional Convention met at Albany; adjourned on September 23; and met again on November 12.

At this time there were two major political parties: the Republican Party and the Democratic Party.

The New York state election, 1867 was held on November 5. All eight statewide elective offices up for election were carried by the Democrats. The approximate party strength at this election, as expressed by the vote for Secretary of State, was: Democrats 373,000 and Republicans 325,000.

The Legislature met for the regular session at the Old State Capitol in Albany on January 7, 1868; and adjourned on May 6. At the same time, the Constitutional Convention continued in session.

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