repression began within hours of the fire, when police arrested dozens of communists. although hitler could have formally banned the kpd, he did not do so right away. not only was he reluctant to chance a violent uprising, but he believed the kpd could siphon off spd votes and split the left. however, most judges held the kpd responsible for the fire, and took the line that kpd membership was in and of itself a treasonous act. at the march 1933 election, the kpd elected 81 deputies. however, it was an open secret that they would never be allowed to take up their seats; they were all arrested in short order. for all intents and purposes, the kpd was "outlawed" on the day the reichstag fire decree was issued, and "completely banned" as of 6 march, the day after the election.