DeWitt Clinton had been elected in 1802 to the Class 3 seat (term 1801–1807) to fill the vacancy caused by the resignation of John Armstrong.
Theodorus Bailey had been elected to the Class 1 seat (term 1803–1809) but resigned on January 16, 1804, after his appointment as Postmaster of New York City.
Senator Armstrong for re-election, and Congressman John Smith, ran as the candidates of the Democratic-Republican Party.
The Federalist Party had by now only small minorities in both houses of the legislature, and Ex-New York Supreme Court Justice Jacob Radcliff and Ex-2nd U.S.
Circuit Court Chief Justice Egbert Benson received only a few scattering votes.