Under the provisions of the New York Constitution of 1777, amended by the re-apportionment of March 4, 1796, Senators were elected on general tickets in the senatorial districts for four-year terms.

Assemblymen were elected countywide on general tickets to a one-year term, the whole assembly being renewed annually.

On November 11, 1801, State Senator Moses Vail was appointed Sheriff of Rensselaer County, leaving a vacancy in the Eastern District.

Ex-Governor George Clinton (in office 1777-1795) was elected to a seventh term, and Jeremiah Van Rensselaer was elected Lieutenant Governor of New York, both were Democratic-Republicans Senators Ezra L'Hommedieu (Southern D.), Jacobus S. Bruyn, James G. Graham (both Middle D.), Ebenezer Clark, Jacobus Van Schoonhoven and Abraham Van Vechten (all three Eastern D.) were re-elected.

L'Hommedieu, Bruyn, Graham, Van Bergen and Savage were Democratic-Republicans, Hutton ran on both tickets, the others were Federalists.

On April 6, 1801, the legislature had passed an "Act Recommending a Convention" which called for the election of delegates to a convention to amend the State Constitution concerning the right to nominate appointees in the Council of Appointment, and the apportionment of the state legislature.