Al Franken won his election to the senate in 2008 because it was the will of the people. Even though the vote was close, he won the majority and he deserved to enter into office. If the electorate chooses a specific candidate, it is their duty to fulfill the duties of the office.
The votes in the 2008 election of Al Franken versus Norm Coleman were carefully counted several times. Each time, Al Franken won the popular vote. Under the rules of election laws in Minnesota, a simple majority of 50 percent plus one vote makes him the winner. So yes, he should have won because he did win.
No, he should not have won this election, because he did not get more votes. The United States is a democracy, so we the people get to vote in who we want to govern us, if he should have won, then the public would have voted him in instead of the other.
Franken was completely unqualified to hold public office, with no previous history of public service. He was (and is) simply and loudspoken and opinionated comedian. False allegations of fraud brought against Senator Coleman were used to best effect to deflect from Franken's inadequacies and hide his deficiencies. Franken didn't win because he was the best man for the job; he won because he was able to conduct the best smear campaign.
No, Franken should not have won his election over incumbent Senator Norm Coleman in 2008, because the vote actually favored Coleman. Democrat party leaders were responsible for certifying the election results, and that did not end well for Coleman, just like it did not end well for Gore when Republicans were responsible for the same in Florida in 2000.