This is exactly why this is a terrible idea from the get-go. This will just embolden every state to pick and choose who they want on a ballot.

Edit: Just to add onto the point a little bit… Take note of how many red states there are. https://en.wikipedia.org/wiki/Red_states_and_blue_states

Now imagine that 100% of them now push Blue off the ballots all together. And the ones that are light, could force a dark reddening, Blue would NEVER win an election ever again. Just letting a court choose to define what happened on Jan 6 as an insurrection leaves this problem on the table. It’s also against the American motto of Innocent until proven guilty to just let a court decide that without trial and jury. None of the current cases against Trump have the “insurrection” as a charge, so he’s never been guilty of it… including the impeachment. Find him guilty, like the southern office holders, then you have a case. But jumping the gun like this just makes you all look looney tunes and opens the doors to all sorts of abuse that WILL NOT work in your favor.