[1] In the 2004 U.S. Senate election, Schumer had defeated Republican Assemblyman Howard Mills by a 71 to 24 percent margin.

Schumer was highly popular in New York, and it was believed that any Republican contender would likely not fare well against him in 2010.

The existence of two other top-level statewide races, one with a Democratic incumbent perceived as vulnerable and the other an open race, respectively,[4] was believed to lead major New York Republicans to gravitate towards them rather than challenge the popular Schumer.

[2][5] Only two candidates, Berntsen and Townsend, obtained at least 25% of the vote at the New York State Republican Convention on June 1, 2010.

[11] Credico sued the New York State Board of Elections under the Equal Protection Clause of the Fourteenth Amendment, claiming unfair treatment regarding ballot access.