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This one is explicitly covered under the rules. 6-1-3 covers the set position and says what the penalty is with and without runners. Yea, by rule it's an illegal pitch and should get called a ball. Reality? I wouldn't call it without at least sending out the catcher to tell him to stop or otherwise warning him. Maybe nothing if it's close or it's lower level ball where someone just doesn't know what they're doing.
And 6-1-4 covers the aborted delivery situation. If you judge it as a dropped ball, then with no runners it's a nothing if it doesn't cross the foul lines.
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