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ASA Rule 8 Section 2.M.5 - "On an errant throw pulling the defense off the base into foul ground, the defense and the B-R can use either the white or colored portion."
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Reread this. It doesn't say an errant throw pulling the defense to the orange bag, it says to foul ground. The rule is
NOT intended to reward the defense for a bad throw, by making first base bigger. It does mean to retain the safety feature, by allowing a fielder drawn into foul territory to return to the closer bag, and not require crossing paths with the runner.