The 96th New York State Legislature, consisting of the New York State Senate and the New York State Assembly, met from January 7 to May 30, 1873, during the first year of John A. Dix'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.

In his annual message to the 95th Legislature, Gov. John T. Hoffman suggested that a bi-partisan Constitutional Commission of 32 members should be formed. The Commission had four members from each judicial district, appointed by the Governor, and confirmed by the State Senate, equally divided between Democrats and Republicans. The Constitutional Commission met on December 4, 1872.

At this time there were two major political parties: the Republican Party and the Democratic Party. A faction of the Republican Party assumed the name of Liberal Republican Party and nominated a fusion ticket with the Democrats, supporting Horace Greeley for President. The Democratic/Liberal Republican state ticket had Francis Kernan (D) for Governor and Chauncey M. Depew (LR) for Lieutenant Governor.

The New York state election, 1872 was held on November 5. Republicans John A. Dix and John C. Robinson were elected Governor and Lieutenant Governor. The other three statewide elective offices up for election were also carried by the Republicans. The approximate party strength at this election, as expressed by the vote for Governor, was: Republicans 446,000 and Democrats/Liberal Republicans 392,000.

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