Under the provisions of the New York Constitution of 1821, 32 Senators were elected on general tickets in eight senatorial districts for four-year terms.

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

[2] On April 17, 1822, the Legislature enacted that future State elections be held on the first Monday in November and the two succeeding days.

[4] The opposing Democratic-Republican faction, the "Clintonians" disappeared after DeWitt Clinton decided not to run in the New York gubernatorial election, 1822; and the Federalist Party had virtually disbanded.

Nevertheless, in some districts Clintonian or Federalist Senate and Assembly tickets were put up in opposition to the Bucktails (which were considered the "regular" Democratic-Republican nominees), but without much success.

On January 27, the Senate rejected the re-appointment of Chief Justice Ambrose Spencer and Associate Supreme Court Justices Jonas Platt and John Woodworth; and confirmed the appointment of Nathan Sanford as Chancellor to succeed James Kent.

On February 13, the Legislature elected Secretary of State John Van Ness Yates, Attorney General Samuel A. Talcott and Surveyor General Simeon De Witt to succeed themselves; and William L. Marcy to succeed Savage as State Comptroller.

Under the provisions of the new Constitution, upon taking office the senators were classified by drawing lots to terms of one, two, three or four years, as shown in the table below.