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The sub for the FLEX can legally bat in the #6 spot.
The sub for the FLEX can not legally bat in the #1 spot.
So, you have a choice - BOO (skipping over 5 positions in the order) plus an unreported substitute, or...
Illegal batter.
While it is unlikely that the batter came to bat thinking she was batting for the DP, nevertheless, unless I thought the offense was trying to pull something, I would go for the least punative option (BOO, unreported sub), mostly because it keeps the player in the game (speaking NFHS).
__________________
Tom
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