Rick Hasen at Election Law Blog
notes that this effort may be violating a court decree that the RNC (or its agents) conduct any poll watching that could be interpreted as voter suppression.
In the consent decree, “The RNC agreed that the RNC, its agents, servants, and employees would be bound by the Decree, ‘whether acting directly or indirectly through other party committees.” Does Trump count as the RNC’s agent in these circumstances? They are certainly acting in concert, and it is plausible to argue that Trump and the RNC are agents of each other for purposes of this election. Also, the activity Trump is talking about engaging violate the consent decree? One thing the consent decree says is that they must:
(e) refrain from undertaking any ballot security activities in polling places or election districts where the racial or ethnic composition of such districts is a factor in the decision to conduct, or the actual conduct of, such activities there and where a purpose or significant effect of such activities is to deter qualified voters from voting; and the conduct of such activities disproportionately in or directed toward districts that have a substantial proportion of racial or ethnic populations shall be considered relevant evidence of the existence of such a factor and purpose…
Trump's remark that they need to watch "certain areas" likely wouldn't help. Adding to the RNC's headaches, the decree was set to be lifted on Dec 1, 2017 but a violation could cause another eight years to be added.