The 92nd New York State Legislature, consisting of the New York State Senate and the New York State Assembly, met from January 5 to May 11, 1869, during the first year of John T. Hoffman'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.

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. On February 28, 1868, the Constitutional Convention adjourned sine die. How to put the proposed amendments before the electorate was then debated throughout the 91st and the 92nd Legislature, and all amendments, except the re-organization of the judicial system, were eventually rejected by the voters at the New York state election, 1869.

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

The New York state election, 1868 was held on November 3. Mayor of New York John T. Hoffman and Allen C. Beach (both Democrats) were elected Governor and Lieutenant Governor. The other three statewide elective offices up for election were also carried by the Democrats. The approximate party strength at this election, as expressed by the vote for Governor, was: Democrats 439,000 and Republicans 411,000.

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